The four appellants, along with P1 son of P2, were jointly tried in the court of Additional Sessions Judge on the following charges: "That you all accused nos. 1 to 5 on or about 12th day of November, 1967 at about 5-45 a.m. near XYZ Road, formed an unlawful assembly and in prosecution of the common object of such assembly viz. : to commit murder of complainant P3 or in order to cause murder of P3 or grievous hurts to him committed the offence of rioting and thereby committed an offence punishable under Section 147 of the Indian Penal Code and within the cognizance of this Court. That you all on the same date, time and place, were members of unlawful assembly, in prosecution of common object of which viz. : to commit murder of P3 or to cause grievous hurt to him, one or all you caused grievous hurts to him which offence you knew to be likely to be committed in prosecution of the common object of the said assembly. That you all on the same date, time and place attempted to cause murder of P3 Deshmukh, in furtherance of common intention and thereby committed an offence punishable." The order of the trial court convicting them all concludes thus: "All the five accused are convicted for the offence of rioting punishable and each is sentenced to rigorous imprisonment for the period of six months and to a fine of Rs. 501-, in default, rigorous imprisonment for two weeks for that offence. Accused shall surrender to their bail." 2. They all jointly appealed to the High Court by one memorandum of appeal. Learned judge admitted the appeal only on behalf of P1 and dismissed in limine the appeal on behalf of the four -appellants before us. The only point which concerns this Court in the present appeal by special leave relates to the correctness of the order dismissing in limine the appeal on behalf of the four appellants, when the appeal on behalf of P1, co-accused was admitted for hearing on the merits after notice to, the State.