( 1 ) - This appeal has been filed by Sadhu Singh and Sonpal Singh against their conviction under section 324 Indian Penal Code and a sentence of two years R. I. recorded by Sri P. B. Mashiwal. III Additional Sessions Judge, Moradabad vide his judgment dated 1st June 1976. The case against the appellants was that they along with others framed an unlawful assembly, the only object of which was to kill Vijai Singh and they committed rioting armed with deadly weapons. It is said that with that object on the 30th July, 1968 at about 6. 30 P. M. in village Kalyanpur they went to the house of Yijai Singh, P. W. 1 who was sitting in his Baithak. The appellants were armed with pistols while their companions who have been acquitted by the learned Sessions Judge were armed with lathis and spears. They surrounded Yijai Singh and Sonpal Singb told him that he would be set right for lodging a report against Dig Pal Singh. Sadhu Singh appellant fired but Yijai Singh went inside his house and bolted it from inside and the pellets thus could not hit him but struck at the door. The complainant wanted to run away from the house but Son Pal Singh and Sadhu Singh appellants along wit