( 1 ) THIS revision application is directed against. 1 judgment of the learned Sessions Judge of budaun by which he affirmed in appeal a judgment of the learned Assistant Sessions Judge of that place convicting and sentencing each of the applicants under Section 147 I. P. C. to one and a half years R. I. and under Sections 295/149, 332/149; 333/149 and 188 I. P. C. to one and a half years R. L two and a half years R. I. , four years R. I. and six months R. I. respectively. Shyam Lal was further convicted and sentenced under Section 148 I. P. C. to two and a half years R, I. and Babu Ram was also convicted under Section 426 I. P. C. and sentenced to three months R. I. The sentences in all cases were ordered to run concurrently.

( 2 ) THE revision application first came up for hearing before our brother Vishnu Dutt who referred it to a Division Bench in view of the importance of the question of law involved in it.

( 3 ) THE prosecution case may be outlined briefly. Every year in the month of Moharram a tazia procession is taken out in village Ahmed-nagar Asauli in the District of Budaun. This procession after passing through village Naithwa terminates at village Balsi