IMPORTANT POINT
Conviction based on the evidence of an approver is legally sustainable when the evidence of the approver is trustworthy and finds corroboration in all material particulars from other evidence of eye-witnesses.

JUDGMENT

S.P. Kurdukar, J.-These four Criminal Appeals are filed by the appellants - accused challenging the legality and correctness of the judgment and order dated April 25, 1986 passed by the Patna High Court dismissing these appeals and confirming the judgment and order dated 25.3.1981 passed by the Additional Sessions Judge, Patna convicting each of the appellants for offences punishable under Sections 120B/302 and 302/34 IPC. Since these appeals arise out of a common judgment and order, they are being disposed of by this Judgment.

2. The prosecution has unfolded its story as under :

Yamuna Singh (A-1) owned a double storeyed building situated in a lane called Langertoli in Patna town. The ground floor consisted of three tenements out of which a tenement of two rooms, inter-connected by a door, was in possession of Prof. Maheswar Prasad Sharma (since deceased), another tenement was occupied by Hari Mangal Prasad Singh (the absconding accused) and the third tenement was in possession of Chamari Prasad (PW 20). On the second floor there was one room and an open terrace which was in occupation of Yamuna Singh (A-1).

3. The deceased was a Professor of Sanskrit in Government Sanskrit college Rajinder Nager, Patna. He was a very orthodox and religious minded person. At the material time his son, Sri Prakash (PW 10) was staying with him.

4. The other appellants-accused persons were close associates and friends of Yamuna Singh (A-1). It is alleged by the prosecution that Yamuna Singh (A-1), since last two months had kept Meena Kumari (PW 22) and Phulia Devi (PW 28) in his room. Both these ladies were of easy virtues. All the appellants and the absconding accused used to gather at the place of Yamuna Singh (A-1) and shared cheap jokes with these two ladies. At times they were found screaming. By such annoying behaviour of the appellants Prof. Maheshwar Prasad used to tell them to behave properly and not to bring ladies of such easy virtues in the premises. Once the deceased told them, "you are running a brothel" and this will have a very bad effect on the youngsters and other residents in the locality. The appellants and in particular Yamuna Singh (A-1) got upset by this remark made by the deceased and told him that if he is unhappy in the premises he may find out some other accommodation. In fact deceased was very keen to find out another tenement but unfortunately before the incident in question which took place on 26.1.1979 he could not secure another premises. At one time deceased told the appellants that such behaviour in the building would cause serious trouble including murder. On hearing this comment from the deceased, Yamuna Singh (A-1) retorted by saying, "why anyone it could be your s". Because of such threats given by A-1 the deceased had stopped coming out of his room during night time even for urination. This fact was known to the appellants.

5. Yamuna Singh (A-1) and his associates were waiting for a chance to teach a lesson to the deceased. On 26.1.1979 sometime in the afternoon A-2 to A-4 and Hari Mangal (hereinafter called the absconding accused because his trial is pending and prosecution has to prove his complicity) came to the room of Yamuna Singh (A-1). At that time Meena Kumari (PW 22) and Phulia Devi (PW 28) were preparing the meals in the varandah. All the appellants again started enjoying cheap jokes with loud screams which annoyed the deceased. It is alleged by the prosecution that the deceased came out of his room on the road and shouted at the appellants. The appellants again retorted to the deceased saying that he may vacate the room as early as possible.

6. It is alleged by the prosecution that on 26.1.1979 the appellants worked out a conspiracy to eliminate Prof. Maheshwar Prasad Sharma. It was decided that Ramayan Singh (A-2), a Sanskrit teacher who was known to Prof. Maheshwar Prasad and was a man of his confidence would sleep during the night in his room as in the past he had slept once. During night