RAMRATNA SINGH, J.

1. The petitioners were convicted by a Magistrate of Sahibganj under Sec. 342 of the Penal Code; petitioner No. 1 was sentenced to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 200/-, or in default to undergo further rigorous imprisonment for three months; petitioner No. 2 was sentenced to undergo rigorous imprisonment for three months and petitioner No. 3 was sentenced to undergo rigorous imprisonment for one month only. On appeal by the petitioners, their convictions and sentences were upheld by the Sessions Judge of the Santal Parganas.

2. The facts as found by the courts below are these. Petitioner Bhola Prasad Chaudhary is the Sarpanch and petitioner Charan Napit is the Chief Officer of the village volunteer force of Rakshi Gram Panchayat constituted under the Bihar Panchayat Raj Act, 1947. Petitioner Abdul Jabbar is the Chaukidar of village Raksi. On Wednesday the 22nd October 1958 at about 8 a.m. petitioners Bhola Chaudhary and Jabbar went to the house of opposite party Guru Prasad Sah and asked him to go to the house of the Mukhiya of the Gram Panchayat. As Guru Prasad was taking meal then he promised to go to the Mukhiyas