JUDGMENT

Bennett, J. - This is an application in revision against an order passed by the Additional. Sessions Judge of Bahraich on appeal. The applicants were convicted by a Magistrate of offences u/s 147 and Section 325 read with Section 149 of the Indian Penal Code. They were each sentenced to three months' rigorous imprisonment u/s 147 and to six months' rigorous imprisonment u/s 325 read with Section 149, the sentences to run concurrently. They were also bound over u/s 106 of the Code of Criminal Procedure. Two other co-accused were found guilty of the same offences but an order was passed against them u/s 562 of the Code of Criminal Procedure.

2. All six appealed to the Additional Sessions Judge who allowed the appeal of the two men against whom the order had been passed u/s 562. He held as regards the other four men convicted, that is, the four applicants, whose case is now under consideration, that they could not be convicted u/s 147 or 149 because their object had not been unlawful, and they were not therefore members of an unlawful assembly. The Additional Sessions Judge did not find that there were less than five persons concerned nor has this been contended before me. The