JUDGMENT

1. This rule was granted only on the ground that the separate sentences passed on the petitioners were illegal. They wore convicted of offences punishable under Ss. 147 and 225, I.P.C. and sentenced to three months rigorous imprisonment on each count, the sentences to run consecutively. In the charge of rioting punishable under S. 147, I.P.C., the common object of the unlawful assembly is set out to resist the execution of the law by forcibly rescuing a prisoner (accused), Lalu Kaviraj, from the lawful custody of two constables Harun Rashid and Srimanta Bera. In the second charge of an offence punishable under S. 225, I.P.C. the words used to describe the offence are intentionally rescued or attempted to rescue a prisoner, Lalu Kaviraj, from the lawful custody of constables Harun Rashid and Srimanta Bera. It might be argued that rioters, being members of unlawful assembly with the common object of committing an offence and the actual commission of that offence are separate and distinct offences. But even accepting this contention we must hold having regard to the provisions of S. 71 of the Indian Penal Code and S. 35 of the Code of Criminal Procedure that a person convicted