P. C. and appellant No. 1 having been acquitted of the offences under section 302 and section 307, I.P.C. none of them could 780 be convicted under section 326 read with section 149, I.P.C. Learned counsel points out that the clear case of the prosecution in the charge sheet was against seven named persons i.e., the three appellants before us, Ram Bilas Singh Gumasta of Dihara, Sudarshan Singh son of Ram Bilas Singh Gumasta, Ramdeo Singh and Sakal Singh sons of Raghoo Singh and contends that out of these, four persons having been acquitted, the remaining three persons could not be said to have been members of an unlawful assembly and, therefore, they could neither e convicted under section 147 I.P.C. nor could they be convicted of any other offences with the aid of section 149, I. P.C. All that it was competent for the court to do was to convict each of them for their individual acts and no more.