R. CHANDRA, J : - This is an appeal by the State, under Ss. 417 and 423 of the Criminal P. C., against the acquittal of the respondents, on the charge under S. 147, Penal Code. On 8-11-1963, Mahabir Singh lodged the first information report under S. 323 read with S. 506 of the Penal Code. The police after due investigation submitted the charge sheet against the respondents for the offences under Ss. 147, 323 and 506, Penal Code. The Magistrate who tried the case, framed the charges only under Ss. 147 and 323 read with S. 149, Penal Code. No evidence was recorded in the case. The parties filed a compromise, and the Magistrate under his order dated 5th February, 1965, acquitted the accused of both the charges with the following observations:

" . ... The offence under S. 323, Penal Code is compoundable without permission and presents no difficulty.

Regarding the offence under S. 147, Penal Code which is not compoundable parties have been heard at length and it has been argued by the learned defence counsel that in spite of the fact that the offence under S. 147, Penal Code is non-compoundable as the common object of the assembly was to assault Mahabir Singh and that object by v