In Re: Mekraj Alli Sahib and Others

Lakshmana Rao, J.—The conviction of the petitioners was u/s 147 and Sections 324, 325 and 342 read with Section 149 of the Indian

Penal Code and the view of the Sessions Judge that Section 106 of the Code of Criminal Procedure is inapplicable to the case is untenable. But

the award of separate sentences u/s 147 and Sections 324, 325 and 342 read with Section 149 of the Indian Penal Code is illegal and the

separate sentences awarded under Sections 324, 325 and 342 read with Section 149 of the Indian Penal Code are set aside. The sentences of the

third and fourth accused u/s 147 of the Indian Penal Code are reduced to the period already undergone as recommended by the Sessions Judge

and the order u/s 106 of the Code of Criminal Procedure will stand.