JUDGMENT

KOSHAL, J. :— This appeal by special leave is directed against the judgment dated 21st Oct. 1976 of the High Court of Gujarat affirming the conviction of the appellant in respect of an offence under S. 302 read with S. 34 of the I. P. C. as also of one under S. 326 of that Code and upholding the sentence of imprisonment for life on the first count and of rigorous imprisonment for a year coupled with a fine of Rs. 300 on the second.

2. The appellant was tried along with 10 others on the murder charge. It was the case for the prosecution that all the 11 accused had intentionally caused the death of one Bawaji in prosecution of their common object, or, in the alternative in furtherance of their common intention. The charge under S. 326 of the I. P.C. arises out of an injury suffered by Shakrabhai Bavabhai (P. W. 7), according to whom it had been inflicted by the appellant.

3. The occurrence is said to have consisted of two incidents, which took place in village Khandhali on the third February, 1975 one at the Irrigation Store and, the other at the house of the deceased. In the first incident the culprits were said to be accused Nos. 1 to 3 (accused No. 2 being the appellant be