PANIGRAHI, J.

( 1 ) THE petitioners, five in number have been convicted under Section 323, penal Code and sentenced to pay varying fines. They were all put on trial for having committed the offence of rioting under Section 147, Penal Code and were convicted by the trial Court of the offence, in addition to their conviction under Section 323, Penal Code. The appellate Court, however, acquitted the petitioners of the charge under Section 147, Penal Code and affirmed the conviction only under Section 323, Penal Code. All the five petitioners have been sentenced to pay a fine of Rs. 40/- each, for each of the assault said to have been made on P. Ws. 1, 2 and 3.

( 2 ) THE case against them is that they committed an assault on P. W. 1, the complainant. In addition, petitioners Loka, Nanda and Gandhi have been convicted for assaulting P. W. 2 and sentenced each to pay a fine of Rs. 40/ -. Petitioner Nanda is further convicted under Section 323, Penal Code for having assaulted P. W. 3 and sentenced to pay a fine of Rs. 40/ -.

( 3 ) IN revision two points have been urged. Firstly that the Sub-divisional magistrate, after having taken cognizance of the offence under Section 190 (1) (b), C