IMPORT ANT POINT
In order to bring Case u/s. 34 I.P.C. it is not necessary that there must be a prior conspiracy or pre-meditation, the Common intention can be formed in the course of occurrence.

JUDGMENT

Mohan, J. - Both the appeals and special leave petitions can be dealt with under a common judgment since the appellants/petitioners took trial before the learned VIth Additional District and Sessions Judge, Moradabad with reference to the occurrence that took place on 12.5.1976. They were tried for offences under Sections 302/34,324/34 and 323134 I.P.C. The case of the prosecution is shortly as follows.

2. Kumari Bina, daughter of Chunni Lal (P.Ws. 5) was residing in Mohalla Faizabad, Moradabad. She was a student of Prabha Devi Kanya Inter College, Bans Mandi, Moradabad. Rajiv Kumar Mehrotra, the petitioner No. 1 in SLP (Crl.) Nos. 3081-82 of 1984 used to pass indecent remarks against her and teased her. Bina complained to her father Chuni Lal (P.Ws. 5) who contacted his cousin Ram Lobhaya alias Khairati (P.Ws. 2). Both these persons met Ram Narain Lal, Advocate, father of Rajiv Kumar and complained to him about the misconduct of is son. Ram Narain Lal expressed inability to Help P.Ws. 1. and control his son. While Chuni Lal (P.Ws. 5) was returning home Rajiv Kumar and five or six of his companions met him and threatened him with dire consequences. Chuni Lal (P.Ws. 5) narrated this incident to his cousin Ram Lobhaya (P.Ws. 2) who also met Ram Narain Lal but without success. Chuni Lal (P.Ws. 5) preferred a written complaint to the Circle Officer, City, Moradabad on 10.5.1975 about the conduct of Rajiv Kumar Rajiv Kumar and his companions got infuriated by the conduct of Ram Lobhaya (P.Ws. 2).

3. On 12.5.1976 at about 11 P.M. Rajiv Kumar, Vijay Kana (since deceased) Banke Bihari and Hari Om alias Matru came to the house of Ram Lobhaya (P.Ws. 2) and started abusing him in a loud voice. The house of Brij Kishore (deceased) was at a short distance who was aged about 70 years, was resting and his grandson Pramod Kumar, complainant (P.Ws. 1) was studying in Baithak. There was electric light inside as well as outside the Baithak. Addressing the accused Brij Kishore (deceased) said from the Baithak when it was 11 P.M. why the accused were behaving in this manner. On hearing this, 4 appellants came in front of Baithak and began to abuse. Vijay Kana (since deceased), Bankey Bihari and Rajiv Kumar were carrying knives in their hands and Hari Om was carrying a lathi. On hearing the noise Brij Kishore (deceased) and his grandson Pramod Kumar (P.Ws. 1) came out of Baithak. Vimal Kumar (P.Ws. 12), Kamal Kumar (P.Ws. 14), Mahavir Saran and Shanti Devi who were present in the upper storey also came down. Brij Kishore (deceased) was attacked by Vijay Kana (since deceased), Bankey Bihari and Rajiv Kumar with knives. As a result Brij Kishore fell down. Vimal Kumar (P.Ws. 12), Kamal Kumar (P.Ws. 14), Shanti Devi and Pramod Kumar (P.Ws. 1) tried to intervene in order to save Brij Kishore. After the assailants wielded their knives and lathi causing injuries to these interveners they railways on hearing noise. Some Mohalla people had come. Vimal Kumar (P.Ws. 12) and others took Brij Kishore (deceased) to the District Hospital, Moradabad but he succumbed to his injuries on the way. Pramod Kumar (P.Ws. 1) prepared a report and lodged in the Police Station, Mughalpura at 11.35 P.M. by that time he was not aware that his grandfather had died. The injuries on Kamal Kumar (P.Ws. 14), Shanti Devi, Vimal Kumar (P.Ws. 12) and Mahavir Saran were examined in the District Hospital, Moradabad at 11.40 P.M. by Dr. D.P. Bahuguna (P.Ws. 6).

4. The post-mortem was performed by Dr. S.P. Uppal (P.Ws. 4) of District Hospital, Moradabad.

5. After investigation the charge-sheet was submitted against all the four accused.

6. The defence is one of denial. The case of Rajiv Kumar was that he wanted to marry Kumari Bina. This displeased Chuni Lal (P.Ws. 5) and is cousin Khairati (P.Ws. 2). Therefore, they have been falsely implicated in this case. Bankey Bihari took the stand that his brother-in-law, Vijay Kumar, against whom police had enmity, therefore, he was falsely imp