The court affirmed the principle of common object under Section 149 of the Indian Penal Code and emphasized the importance of establishing presence and intent in criminal cases.

ORDER :

All these appeals can be disposed of by this common judgment.

2. Between the group of persons, comprising 13 accused, and the complainant group, there was a dispute regarding some land. That dispute was pending in a civil court. An interim order was passed by the civil court restraining the accused group from interfering with the possession of the complainant's party. In the appeal the High Court did not interfere but merely passed an order that the parties shall maintain status quo.

3. It is the prosecution case that on 22nd of February, 1996 information was given by one Babu Singh (PW9) at police station Pawai, that firing was going on. This information was recorded as sanha No. 549. On receipt of the information, ASI Saligram Sharma alongwith head constable, Bankey Singh, and others proceeded to the scene of occurrence. On reaching the scene of occurrence, Ramprakash Singh (PW2) gave information to the ASI. This has been registered as Dehati Nalish, (Exhibit P.5). As per this information, the uncles of the informant, namely, Vakil Singh and Vishambhar Singh were sitting in their field, when Preetem Singh (accused No. 7) started cutting mustard crop which had been grown by the complainant party. The complainant's uncle Vishambhar Singh and Vakil Singh objected to Preetam Singh cutting the crop. On this Shriram Singh (accused No. 11) and Sewa Ram (accused No. 12) started firing from their guns. At the same time Kiluwa @ Kildar Singh (accused No. 8), who was also armed with a gun, came to the spot alongwith other accused persons, who were armed with barchha, farsa and lathis. All the persons surrounded PW2, Vakil Singh and Vishambhar Singh and further firing took place. Vishambhar Singh and. Vakil Singh were killed. PW2 Ramprakash Singh was injured. One Harveer Singh (PW3) was also injured.

4. All the 13 accused persons, were charged with offences punishable under Section 302 Indian Penal Code read with Section 149 Indian Penal Code as well as under Section 307 read with Section 149 and under Section 201 of the Indian Penal Code. They pleaded not guilty and claimed to be tried. All of them raised the plea of alibi and led evidence of defence witnesses to prove alibi.

5. The trial court, by its judgment, dated 14 December, 1999, disbelieved the defence and accepted the prosecution case. The trial court accepted the evidence of PWs 2, 3 & 4, who were eye witnesses to the incident. The trial court convicted all the accused persons. The trial court awarded death sentence to Shriram Singh and Sewa Ram and life sentence to the other accused persons.

6. All the accused filed appeals before the High Court. By the impugned judgment, the High Court has disposed of all the appeals and maintained the sentence and conviction of Shriram Singh, Sewa Ram, Kiledar Singh, Preetam Singh and Barelal. Whilst maintaining conviction under Section 302/149 Indian Penal Code the High Court has converted the death sentence, awarded to accused Shriram Singh and Sewa Ram into life sentence. The High Court has acquitted all the other accused. The reasons given by the High Court for acquitting the other accused are as follows :

"So far as the submission of the learned counsel for the appellants that the complainant side had changed its stands in relation to number of the accused persons, would certainly have an important bearing in the matter. From the first information report and the other statements, it would clearly appear that the prosecution witnesses firstly asserted that all the accused persons came on the spot and opened the attack on the deceased and the prosecution witnesses. There are as many as 13 accused persons. During the course of the trial the prosecution witnesses started asserting that accused Shriram Singh, Sewa Ram Singh, Barelal Singh, Kiledar Singh and Preetam Singh had caused injuries to the deceased and the witnesses. None of the prosecution witnesses have said that apart from these five persons any other accused even touched the d