Lakshmana Rao, J.

1. There was a disturbance near the houses of P.Ws. 5 to 15 at Vengipalayam about 8 P.M. on 29th January 1939 and one Swami Goundan who intervened was fatally wounded. Grievous hurt was caused to P.Ws. 6 and 7 and simple hurt was caused to P.Ws. 5 and 8 to 15. The occurrence was reported to P.W. 18, the Village Munsif, without delay, and Swami Goundan died next morning of coma due to a depressed fracture of the frontal bone caused by a stone. He had also another injury on the head due to beating with a stick and P.W. 6 had two injuries on the head due to beating with sticks. The frontal bone at the base of one of these injuries was fractured and P.W. 7 had a contusion covering the outer side of the lower third of the left arm and elbow, with simple fracture of the left humerus.

2. The appellants are stated to have gone in a body and created the disturbance and all of them have been convicted under Section 147, I.P.C. Appellant 5 is alleged to have caused the fatal injury of the deceased by striking with a stone picked up from the scene of crime, and he has been sentenced to transportation for life under Section 302, I.P.C. for the murder of Swami Goundan. Ap