JUDGMENT

Asutosh Mookerjee, C.J. - This Rule was issued on the application of seven constable who had been convicted of rioting u/s 147, Indian Penal Code, and sentenced to two months' rigorous imprisonment each. The Rule calls upon the District Magistrate of Howrah to show cause why the convictions and sentences should not be set aside. Eleven grounds were set out in the petition; two of these were over ruled by the Bench which granted the Rule; these raised questions of identification and severity of sentence. The other grounds have been summarised in the course of the argument before us under four heads, namely first, that the first Singh, have been tried in contravention of the provisions of Section 403(1), Criminal Procedure Code; secondly, that there is no legal evidence on which any common object could at all be found; thirdly, that the common object found is not supported by the evidence and fourthly, that the common object found is not the common object mentioned in the charge. Before we examine these points, it is necessary to recapitulate briefly the facts as found by the Courts below.

2. Mr. Bankim Krishna Ghose Executive Engineer in charge of the Brahmani Division in Ori