( 1 ) THIS appeal has been preferred by 12 persons, namely, Hanif, Salim, Suleman, Mohd. Ilyas, ghulam Dastgir son of Nankau, Mohi-uddin, Sarfaraz, Ashiq Ali, Sadiq Ali, Ghulam Dastgir son of Mohd. Ismail, Qasim and Wali Mohammad against their conviction and sentence imposed upon them by the learned Sessions Judge, Bara-banki. All the appellants have been sentenced to imprisonment for life under Section 302 read with 149, I. P. C. In addition, Hanif has been sentenced to rigorous imprisonment for two years under Section 148, I. P. C. , and the remaining appellants have been sentenced to one years rigorous imprisonment each, under Section 147, I. P. C. The sentences in the case of each appellant have been made concurrent.

( 2 ) THE charge against the appellants was that on 17th April, 1960, at about 1. 30 p. m. in village shahabpur. district Barabanki, they formed an unlawful assembly armed with a bhala and lathis and in prosecution of the common object of the unlawful assembly they committed the murder of one Darshan deceased.

( 3 ) THE appeal was heard by a Bench constituted of Mulla and Nigam, JJ, Both the learned Judges delivered their judgments separately. While