JUDGMENT - S.B. BHASME, J.:---The appeal is by the accused against the order of conviction and sentence. The review is by the State for enhancement of sentence. The facts leading to the prosecution are as follows. 2. The prosecution witnesses and accused No. 3 are employees of Gabriel India Company. Accused No. 5 was an ex-employee. There was only one trade union by name Bharatiya Kamgar Union which was dominated by Shiv Sena. On 23-2-1971, there was to be some celebration on account of the 10th Anniversary of the Company. The trade union had given a call for the boycott of the ceremony and asked the workers to obtain from work. The prosecution witnesses and the complainant Vaiday did not pay any heed to the call. They attended the shifts which started at 6.45 a.m. on that morning. They were free at 3.15 p.m. They went by the company bus to the Mulund Railway Station. When they got down at the Railway Station accused No. 5 made some signal to persons who rushed at the prosecution witnesses. Accused No. 2 hit him with a wooden box. The other prosecution witnesses were also assaulted. Accused Nos. 1 to 3 were apprehended by the prosecution witnesses and taken to the Mulund Police Station where the First Information of Vaidya was recorded. 3. According to the First Information, the five accused and others had assaulted the complainant Vaidya and other persons, including the prosecution witnesses. Accused No. 4 surrendered at the Police Station on the same day. Accused No. 5 was arrested subsequently on 29-3-1971. 4. The offence came to be investigated against all the accused and they came to be tried by the Presidency Magistrate, 27th Court, Mulund, for the commission of offences, under sections 324, 143, 147 and 114, I.P.C. After consideration of the evidence, the learned Magistrate acquitted accused No. 5 and convicted the rest for the various offences. He sentenced the accused for the offence under section 147, I.P.C. to suffer rigorous imprisonment for four months. That is the major punishment awarded. It is not necessary to refer to the other punishment which consists of fine. No separate sentence is passed for the offences under sections 143 and 323. All the accused were found not guilty under section 324. 5. I proposed to hear only the appeal of accused Nos. That is the major punishment awarded. It is not necessary to refer to the other punishment which consists of fine. No separate sentence is passed for the offences under sections 143 and 323. All the accused were found not guilty under section 324. 5. I proposed to hear only the appeal of accused Nos. 2, 3 and 4, as the appeal filed by accused No. 1 is ordered by his Court to be kept on Dormant File. Accused No. 1 is absconding. 6. The prosecution had mainly relied upon the evidence of the complainant Vaidya and the other witnesses who were injured in the moles near Mulund Railway Station. They are Goswami, Salaskar and Shetty. I have gone through the evidence. There is no doubt, that there was hostility between the workers who heeded the call of the Union and those who attended the work on that day. Before accepting the interested assertion of these various prosecution witnesses, it will be necessary to seek some independent corroboration. There is no doubt that there was some incident in which several persons took part and there must have been pushing and pulling. But the evidence on record is not sufficient to record a finding that five or more persons, including the accused, formed an unlawful assembly. As there is no evidence on record in that behalf, the accused will be liable only for their individual acts, if any. 7. It will be necessary, therefore, to refer to the medical evidence for finding out the veracity of the account given by the prosecution witnesses. (P.W. 6), Dr. Parikh had deposed about the injuries on the person of the complainant Vaidya and other witnesses. Vaidya had a minor abrasion and a linear contusion. They were on the right scapular region and the left scapula. Shetty and Goswami had no marks of injury. He says that injuries to Vaidya and tenderness to Shetty and Goswami were possible by hard and rough substance like a wooden box. Salaskar had a contusion on the left scapular region at two places. He had also a contusion over the left forearm. Madhavan had no external injury. Injury to Salaskar was possible by kicks and fist blows. In cross-examination he admitted that tenderness can be pretended. Injuries to Vaidya and Salaskar were possible by a fall. Salaskar had a contusion on the left scapular region at two places. He had also a contusion over the left forearm. Madhavan had no external injury. Injury to Salaskar was possible by kicks and fist blows. In cross-examination he admitted that tenderness can be pretended. Injuries to Vaidya and Salaskar were possible by a fall. In view of this medical evidence, it cannot be said that the assertion of the witnesses in corroborated in material particulars. 8. I have gone through the First Information Report of the complainant Vaidya. He, no doubt, says that accused No. 1 assaulted Madhavan with stone. Goswami was assaulted by accused Nos. 2 and 3 with lathis. He also used Nos. 3 and 5 had instigated the other accused to assaulted him. He also says that there was a crowd of people. All the accused and others assaulted him and his colleagues with lathis and wooden boxes and also stones. Many of his colleagues were thrown down on the road and were assaulted. 9. When this account is compared with the prosecution evidence in general and the medical evidence in particular, then the only inference which can be drawn is that there was some pushing and pulling between two rival sections of the employees. There was no unlawful assembly. The evidence adduced by the prosecution is not sufficient to hold that the charges levelled against the accused are established beyond reasonable doubt. 10. In the result, the appeal is allowed. The order of conviction and sentence passed by the learned Magistrate is set aside. The accused i.e., accused Nos. 2 to 4, are acquitted and discharged. Fine if paid, to be refunded. Bail bonds cancelled. 11. It is again mentioned that the appeal of accused No. 1 is kept on Dormant File. -----