JUDGMENT

O'Kinealy, J. - The circumstances out of which this case has arisen are as follows : The appellants with a large number of men armed with spears and tatties went near the house of a man named Ayat Ullah and abused him, and Safat Uilah, the deceased, spoke to them, and then a man from the party of the appellants named Najib Ullah directed him to be beaten. It is said that the appellant Abdul Hakim speared Safat Ullah in the chest, and the appellant Jaban Ullah speared him on the left side as he was falling. Safat Ullah was speared through the heart and died instantaneously.

2. The appellants were charged with offences punishable under Sections 148, 302, 149 and 326 of the Indian Penal Code, and there was an additional charge laid against the appellant Abdul Hakim for an offence punishable u/s 302/149 of the Code.

3. The assessors in the Court below found the appellants guilty of an offence punishable u/s 148 of the Code, and they held that the common object was to take possession of or measure some land. The Sessions Judge was of opinion that this common object was not made out. He found, however, that the appellants were the persons who actually killed Safat Ullah, and convic