1. The appellant, who was the first accused at the trial before the Sessions Court of Kottayam, and nineteen others were tried for offences alleged to have been committed by them as members of an unlawful assembly. The appellant alone was convicted, the convictions being for offence under S.326 read with S.149 I.P.C., and under S.148 I.P.C.; he was sentenced to undergo rigorous imprisonment for two years for the former, and for one year for the latter conviction.

2. The charge was laid by the Police after investigation against twenty persons of whom one died before the trial commenced in the Sessions Court. It would appear that on the 3rd June, 1958, Pw. 6 had filed a petition, Ext. P. 5, at the Vaikom Police Station, complaining of thefts of agricultural produce in his property by certain tenants. Pw. 2, a Police constable on duty at the Vaikom Police Station, proceeded to the spot on the 4th June, 1958, for investigating into the petition on complaint and was accompanied by Pw. 1, another Police Constable, attached to the same Police Station. They learnt, that Pw. 6 had gone to Alwaye and therefore they came to Thevalakkattu Purayidom, in which Pw. 3, the son of Pw. 6,