JUDGMENT

Braund, J. - This is an appeal by three men named Basdeo, Rupi and Sirya respectively, who have been charged, convicted and sentenced under Sections 147 and 323, coupled with Section 149, Penal Code. At the outset of the appeal, a preliminary point has been taken on behalf of the appellants. It is this. The two charges upon which the appellants have been tried were under Sections 323 and 147, Penal Code, respectively. A reference to Schedule 2, Criminal P.C. shows that each of these offences is what is known as a "warrant" case and is triable by "any Magistrate." In the present case the proceedings in their earlier stages came before the Special Magistrate of the first class of Muttra and he, on 14th March 1944, committed the present appellants to stand their trial before the Sessions Court of Muttra. At that stage it is necessary to say that the charges against these appellants were the outcome of one of those unfortunate affairs which so frequently happen and which give rise to cross-charges by and against two opposing parties of villagers, the substantial question being in each case as to which of them was the aggressor. This case was one of this kind; and, in addition t