Judgment :-

Altamas Kabir, J.

Leave granted.

2. The Appellants herein, Raju and Mangli, along with Anil alias Balli and Sucha Singh, were sent up for trial for allegedly having committed an offence punishable under Section 302 read with Section 34 Indian Penal Code. Accused Sucha Singh was found to be a juvenile and his case was separated for separate trial under the Juvenile Justice Act, 1986. The Appellants herein were convicted under Section 302 read with Section 34 IPC and were sentenced to imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo rigorous imprisonment for a further period of three years. Anil alias Balli was convicted under Section 302 and was sentenced to imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for three years. He was also convicted under Section 25 of the Arms Act and was sentenced to undergo rigorous imprisonment for one year. The sentences, as far as Anil alias Balli is concerned, were directed to run concurrently.

3. Of the three accused, Accused Nos. 1 and 2, Raju and Mangli, have challenged their conviction under Section 302 read with Section 34 IPC.

4. Appearing on their behalf, Mr. Rishi Malhotra, learned Advocate, submitted that the role attributed to the Appellants in the alleged incident did not attract the provisions of Section 302 Indian Penal Code, hereinafter referred to as "IPC", since there is nothing on record to either prove or indicate that they had any common intention to commit the murder. Mr. Malhtora submitted that the allegation against the accused persons is that the deceased, Ishwar, the brother of the complainant, Chandu Lal (PW.5), was returning to his house on 31st March, 1994, at about 10.30 p.m. after seeing a motion picture. When he reached near the gate of Government Livestock Farm, Hissar, the Appellants herein, along with Anil alias Balli and Sucha Singh, attacked him with fists and blows. In order to save himself, Ishwar started running towards his house, but he was chased and surrounded by the accused persons near the house of one Om Prakash. According to the complainant, he was resent near the house of Om Prakash when the occurrence took place. He has stated that he witnessed the incident as indicated hereinabove and that at the time of the incident Anil alias Balli and Sucha Singh were armed with knives while the Appellants herein were empty-handed. In the First Information Report lodged by him, he has stated that after chasing and catching Ishwar, the Appellants herein, Raju and Mangli caught hold of Ishwar while Anil alias Balli inflicted a knife blow on the left anterior side of the victims chest. Ishwar fell down on the ground and then accused Sucha Singh inflicted another knife blow on the right posterior side of his waist. On an alarm being raised by Chandu Lal, the accused persons ran away from the spot. An attempt was made to save Ishwar by taking him to hospital, but he died on the way.

5. Thereafter, the body of the victim was sent for post-mortem examination which was conducted by Dr. (Mrs.) K.K. Nawal, Senior Medical Officer, General Hospital, Hissar (PW.8) along with Dr. Pawan Jain, on 1st April, 1994, at 9.30 A.M. The post-mortem examination revealed the injuries as mentioned by PW.8 and in the opinion of the doctor, the cause of death was shock and haemorrhage, as a result of the multiple injuries, which were ante-mortem in nature and sufficient to cause death in the due course of time.

6. Mr. Malhotra submitted that from the aforesaid evidence, it would be evident that there was no prior meeting of minds between the Appellants herein and Anil alias Balli and Sucha Singh, to kill Ishwar. Mr. Malhotra submitted that there is nothing on record to indicate that the Appellants herein had any knowledge that Anil alias Balli and Sucha Singh were carrying knives for commission of the murder. He urged that the only intention in chasing the deceased and holding him was to t