Judgment

DUA, J.- These are two appeals by special leave. In one appeal, Mansoor, Rashid, lshaq, Yunus and Mehmood s/o Bhondekhan are the appellants and in the other the State has appealed against the acquittal of Ajimkhan, Hakimkhan, Mahmoodkhan s/o Dilawarkhan,Gabbu and Mehmood (sic) (Makku?) s/o Bhondekhan. All the ten accused, namely, Mansoor s/o Bhondekhan, Rashid s/o Allabeli, Ishaq s/o Wali Mohammad, Yunus s/o Mohammed Hussain, Ajimkhan s/o Wariskhan, Hakimkhan s/o Anaskhan, Mahmoodhkhan s/o Dilawarkhan, Gabbu s/o Mohammad Sharif, Mehmood s/o Bhondekhan and Makku s/o Bhondekhan, were charged and tried by the Additional Sessions Judge, Indore, for offences under Ss. 302/34, 302/149,, 307/34 and. 307/149 I. P. C. Out of them 8 accused persons, namely, Mansoor, Rashid, Ishaq, Yunus, Ajimkhan, Hakimkhan, Mahmoodkhan s/o Dilawarkhan and Mehmood s/o Bhondekhan, were in addition charged under Ss. 302, 307 and 148 I. P. C. All these charges relate to the murder of one Karamat Beg Pahalwan s/o Mirza Karim Beg at Bombay Bazar Choraha on January 19, 1965, at about 12-30 P.M. and to an attempt on the life of Ikbal Beg s/o the deceased Karamat Beg Pahalwan at the same time and place.

2. The Trial court convicted Mansoor, Rashid ,Ishaq and Yunus and acquitted the rest giving them benefit of doubt. In regard to Gabbu it was observed that he had not been shown to be in possession of any weapon of offence and that it could not be said that he had any knowledge of the object of the members of the party led by Mansoor. He was, therefore, held not to be member of this assembly. No other case was sought to be made out against him.

3. Each of the three injuries (Nos. 2, 3 & 9) inflicted on the deceased Karamat Beg were held by the Trial Court to be individually sufficient in the ordinary course of nature to cause Karamat s death. But as none of the accused persons were proved beyond doubt to have inflicted any particular fatal injury to the deceased, they were all convicted under S. 302 read with S. 34 I. P. C. For coming to the finding of common intention, reliance was placed of Mathurala Adi Reddy v. State of Hyderabad, AIR 1956 SC 177. The injury inflicted on Ikbal Beg was imputed to Mansoor, but this injury was held to constitute an offence only under S. 324 I. P. C. As all the four accused had joined in this assault with common intention they were all convicted under S. 324 read with section 34 I. P. C. Under S. 302/34 I. P. C, all the four accused were sentenced to imprisonment for life and under S. 324/34 I. P. C. they were sentenced to 6 months rigorous imprisonment.

4. The convicted persons appealed to the High Court against their conviction, and the State appealed against acquittal of the others. The State also presented a revision petition for enhancement of the sentences imposed on those convicted.

5. The High Court upheld the conviction of Mansoor, Rashid, Ishaq and Yunus and dismissed their appeal. It allowed the State appeal only against the acquittal of Mehmood s/o Bhondekhan and convicted him along with four persons convicted by the Trial Court. The result was that the charges under S. 148 I. P. C, and S. 302/149 1. P. C. were also held proved against all the five convicted accused persons. This charge was held established in addition to the charge under S. 302/34 I. P. C. Similarly with respect to the injury inflicted on Ikbal Beg, the charge under S. 324/149 I. P. C. was held proved. In the final result, Mehmood s/o Bhundekhan along with the four accused persons convicted by the Trial Court were all held guilty of offences under S. 302/34 I. P. C., S. 302/149 I. P. C. and S. 148 I. P.C. With respect to the injuries inflicted on Ikbal Beg also all these five persons were held guilty of offences under S. 324 read with Sections 34 and 149 I. P. C. The sentence for this offence was maintained, but they were in addition sentenced under section 148 I. P. C. to one year s rigorous imprisonment. The High-Court did not find any cogent