Malik, CJ.

[1] I have read the judgment of my brother Mukerji. Criminal Revision No. 27 of 1953 came up before nay brother Brij Mohan Lall. He referred the case to a Bench as the question had been frequently mooted before him whether if X is found to be a member of an unlawful assembly which assembly has committed an offence punishable under Section 323, he could be convicted and sentenced both under Section 147 and Section 323/149, Penal Code, if it had transpired that the prosecution had failed to prove that X himself caused the hurt with his own hands. There was a decision of my brother Brij Mohan Lall J. in -- 'Tiny v. State', AIR 1952 All 92 (A), where it was held that X could be so convicted, while there was a later decision by my brother Kidwai J. in -- 'Abdur Rashid Khan v. The State', AIR 1953 All 315 (B) where he had taken a contrary view. The case came up before Mr. Justice Agarwala and myself and for the reasons given in the referring order we thought it necessary that the case should go before a Full Bench. Criminal Revision No. 239 of 1953 was connected with it as the same question of law arose in that case also. Since both these cases were referred by me to a