( 1 ) BALBIR Singh and five others have filed this appeal against the judgment and order of the Second Additional Sessions Judge, Muzaffarnagar dated 7-61978 in Sessions Trial No. 302 of 1977 wherein the appellants were convicted and sentenced as under: (I) All the appellants u/s. 302/149, IPC to imprisonment for life. (ii) Balhir Singh, Niranjan Singh and Ompal u/s. 324/149, IPC to two years, R. I. 7 u/s. 323/ 149, IPC to six months, R. I. (iii) Ashoh, Jaipal and Molhar alias Krishna Pal to two years R. I. u/s. 148,ipc u/s. 324/149, IPC to two years R. I. and u/s. 323/149,ipc to six months R. I. All the sentences were directed to run concurrently.

( 2 ) THE charge against the appellants was that on 13-4-1977 at about 9 a. m. All the appellants formed an unlawful assembly in village Kallarpur falling within Police Station Kotwali, district Muzaffarnagar being armed with sharp-edged and blunt weapons and in prosecution of the common object caused the death of Karam Singh and caused injuries to Raja Ram, Amar Singh and Smt. Sushila, Consequently the charges u/ss. 147, 148 I. P. C. were framed against the appellants in accordance with the weapons with which they were ar