that only 4 persons, out of the 30 accused who faced the trial, were involved in the incident and accordingly the learned Judge has found that Sections 143, 147, 148 and 149 of IPC will not attract in this case, but only Section 34 of IPC will attract and consequently held that the accused have committed the offences in prosecution of their common intention. Thus point no.1 found in favour of the prosecution and against accused nos.5 to 7 and 12 and point nos.2 and 3 were found against the prosecution. On the basis of the above finding, the learned Judge further found that accused nos.5 to 7 and 12 are guilty of having committed the offence under section 436 r/w 34 of IPC and accordingly they are convicted thereunder. Whereas, accused nos.1 to 4, 8, 9, 10, 11 and 13 to 30 are acquitted as they are not found guilty of having committed any of the offences charged against them and accordingly they are acquitted. On conviction, accused nos.5 to 7 and 12, who are the appellants herein, are sentenced to undergo rigorous imprisonment for a period of 8 years and to pay a
