M.P.Varma, J.

1. The aforementioned appellants have been found guilty of the offence under section 144 of the Indian Penal Code (hereinafter to be referred to as "the Code") and each one of them has been sentenced to suffer rigorous imprisonment for one year under the said charge.

2. The appellants were put on trial along with other four accused for various charge punishable under section 436 and 452 of the Code. Appellant No. 1 Suresh Chandra Yadav was further charged for offences under sec. 436 read with sec. 109 of the Code and Appellant No.3 Genda Yadav was charged under sec. 436 of the Code on the allegation that he set fire to a dwelling house belonging to the informant (P.W. 7).

3. Short facts of the case are these. All the aforementioned appellants in the company of other four accused, namely, Lakhan Yadav, Siyaram Yadav, Raghubir Yadav and Siba alias Siban Mushar (all acquitted) being variously armed came to the house of the informant (P.W. 7) Bishwanath Mandai and intended to cause hurt to him and that in prosecution of the said common object of that unlawful assembly, appellant No.3 Genda Yadav on being instigated by appellant No.1 set fire to the dwelling house.