The petitioners have projected this criminal revision against their conviction u/S. 427/34 I.P.C. passed by the Assistant Sessions Judge in Sessions Case No. 10 (S-J) 72 and upheld on appeal by the learned Sessions Judge, Jorhat in Criminal Appeal No. 18 (1) of 1976 sentencing them to suffer R. I. for one week only.

2. Grave and serious allegations were brought against the petitioners and four others to the effect that they had set fire to a shack, put up by the first informant Purna, forming an unlawful assembly with deadly weapons and entering into the paddy field of Purna. Upon investigation, police submitted charge-sheet against the accused u/s. 147/436 I. P.C. However, the petitioners along with four others were committed by the Magistrate to stand the trial u/s. 148/149/436 I. P. C read with Section 34. The accused stood their trial and were charged by the learned Sessions Judge u/s. 148/34 149/ 436/34 I. P. C.

3. The case of the prosecution is that Purna is the owner of the land and has title to it. There were as many as three proceedings u/s. 145 Cr. P. C. since 1966 and in all these proceedings the possession of the land was declared in favour of the accused. Purna