Judgment

S.B. Sinha, J.—The Appellant herein was convicted for commission of an offence punishable under Section 302/34 of the Indian Penal Code (‘IPC’ for short) and had been sentenced to undergo rigorous imprison­ment for life as also a fine of Rs. 500/- and in default thereof to undergo additional three months’ simple imprisonment. He was prosecut­ed along with three others for sharing common intention for causing death of one Siddique Ahmed Patel and causing simple hurt with sharp cut weapon to Yusuf Adam Patel (PW-3).

2. At about 5.45 p.m. on 29.11.1993, the deceased was allegedly going to a mosque for offering prayer (Namaz). When he was passing by the house of the accused persons situated at village Sarod, all the four accused persons were standing there. A quarrel ensued between them, when the deceased Siddique was asked as to why he had entered into a transaction of the house instead of land to which he answered that he had entered into a transaction with his maternal uncle, whereupon the Appellant herein allegedly inflicted a stick blow on his head, as a result of which he fell down. Accused No. 1 Bilal Ahmed Ibrahim Kabha thereafter inflicted a knife blow on his chest. Yus