Naik, J.-

l. The accused-respondents Nos. 1 to 15, namely, Nabi Bux, Ramzan, Habibullah, Bismillah, Abdul Salam, Mohommad Shafi, Peer Bux. Papa Ramzan, Kadar, Ramzan s/o Razzak, Sheikh Mohammad, Haji Amir Badshah, Gafoor, Usman and J:cmaluddin, were prosecuted in the Court of the 3rd Additional Sessions Judge, Jabalpur, for offences under sections 120-B, 148, 436, 450, 452, 323, 324 and 397 read with section 149 of the Indian Penal Code. The trial Court acquitted them all of all the offences. The State Government has, therefore, filed this appeal against their acquittals.

2. The case for the prosecution, in brief, was as follows :-

On the night of 7-2-1961, at about 9-15 p.m., an assembly consisting of about 300-400 persons come to the house of the complainant Ramchandra (P.W. 1), that the assembly was shouting communal slogans, inciting the people to kill and lot the Hindus and that the members of that assembly were armed with axes, speas, lathis, daggers and flaming torches. The complaint Ramchandra (P.W. 1) was in his house at that time, along with his son, Shambhu Dayal (P.W. 2) and a widowed sister Mst. Gomti Bai (P.W. 6). In order to ascertain as to what the commotion w