1. In the present case, the accused persons were tried for the charge under section 307 read with section 149 of the Indian Penal Code for an attempt to commit murder of Ramkripal and Mahabir. Since there is no mention in the charges framed against the appellants about the injuries caused to Mohanlal Awadh Narayan. Bhagwat Prasad and Bhagwan Prasad, none of the appellants was convicted in that respect. According to the learned Sessions Judge, all the 17 appellants formed an unlawful assembly with the common object of killing Ramkripal and Mahabir. The Sessions Court found all of them guilty for the offence punishable under section 307 read with section 149 of the Indian Penal Code and sentenced each of them to rigorous imprisonment for five years.

Held: On going through the evidence on record and after hearing the learned counsel from both the sides, I am of the opinion that the present case is a case of sudden, mutual free fight. It was a case of party - faction in the village. After there being a quarrel in between Ramkripal and Bhaiyalal which had practically already subsided, both the parties collected the members of their respective groups who started abusing each o