( 1 ) WHILE taking up these 3 Appeals arising out of the judgment of conviction and sentence pronounced by the learned Addl. Sessions Judge (Ld. A. S. J.), Rajkot in Sessions Case No. 10 of 1985 dated 8-8-1985 convicting the appellant accused for the offences punishable under Secs. 147, 148, 149 with Sec. 302 of the Indian Penal Code. We would like to commence writing out brief opinion with the preamble that the judgment under challenge is ex-facie erroneous and that the conclusion are based upon no evidence and that the judgment of convictions could not have been the end product of the judicial process, namely the Sessions trial, before a Sessions Court. Now the brief facts :

( 2 ) THE seven accused persons were put on trial before the learned a. S. J. , Rajkot for the alleged commission of the offences punishable under secs. 147, 148, 302, 324 and 323 read with Sec. 149 of the I. P. C. on the accusation that the 7 accused persons had formed themselves into an unlawful assembly on 11-7-1984 at about 7-30 p. m. at village Modhuka under the Jasdan taluka of the Rajkot district and had committed rioting with deadly weapons and had murdered deceased Pola Mashru and had ca