ORDER

1. Heard Mr. Nitin Amin, learned advocate for the applicants and Ms. Krina Calla, leaned APP for the respondent – State.

2. Mr. Nitin Amin, learned advocate for the applicants for three of the revisionists submitted that challenge is given to the concurrent findings of conviction where they have been sentenced for the offence punishable under Sections 324, 326, 147 read with 149 of the IPC and Section 135 of the Bombay Police Act. Advocate Mr. Amin submitted that the ingredients of Section 149 of the IPC could not get attracted in the present matter as according to the FIR, there were only 4 persons who were alleged to have committed the actual offence which is in the form of assault. While the charge-sheet has been registered against five of them. Advocate Mr. Amin further stated that during the course of trial and pendency of the appeal, original accused nos.1 and 2 died and hence, the present application is filed by rest of three accused.

3. Advocate Mr. Amin further stated that while the definition incorporated under Section 141 of IPC for unlawful assembly contemplates five or more persons to be designated as unlawful assembly to have committed the offence in furtherance of