Sanderson, C.J:— This is a Role granted by two of my learned brothers Galling upon the District Magistrate to show cause why the conviction and sentence passed on the petitioners Salimuddy Pramnik, Gani Pramanik and, Kazem Pramanik under section 342 read with section 149 should not be set aside on the 7th ground stated in the petition.
2. The 7th ground was that the order of separate sentence passed on the petitioners was illegal.
3. The learned Vakil has stated that he cannot argue that the conviction Should be set aside and, be has confined his argument to the question whether the imposition of separate sentence under section 342 read with section 149 was illegal.
4. We are of opinion that it was, by reason of the provisions of section 71, I.P.C
5. Consequently, the Rule should be made absolute and the sentence of three weeks rigorous imprisonment under section must be set aside.
6. We draw the attention of the Lower Court to the case of Alim Sheikh v. Shahazada Singh(1) and also to the case of Kiamuddi Karikar… v. The King-Emperor(2).
7. The hail ??? the petitioners will be cancelled.
Walmsley, J.:— I agree.
8. Rule made absolute.