IMPORTANT POINT
Where witnesses testified that four accused persons dragged the deceased inside the Deli of accused and also threw out the deceased on the road in front of their Deli after deceased was assaulted inside the Deli coupled with the circumstance that as many as 20 injuries were inflicted on the deceased, leaves no room for doubt that all the four accused persons had shared the common intention to cause the death or the deceased and thus they were liable to conviction under section 302 and under section 34 I.P.C.    

JUDGMENT

Thakkar, J. - One Aher Pitha Vajshi and his five sons, belonging to Village Kenedi in Kalyanpur Taluk of Jamnagar District were tried by the learned Sessions Judge Jamnagar in Sessions Case No. 71 of 1973 in connection with the homicidal death of one Nabha Ram who was the victim of a criminal assault mounted on him at about 9 p.m. on August 24, 1973. The learned Sessions Judge accorded benefit of doubt and acquitted all the six persons accused of the crime. The State of Gujarat called into question the order of acquittal passed by the learned Sessions Judge by way of Criminal Appeal No. 384 of 1974. A Division Bench of the High Court of Gujarat at Ahmedabad by its judgment dated 29/30th September, 1975 reversed the Judgment of the learned Sessions Judge partly by setting aside the order of acquittal insofar as Aher Pitha and his three sons (viz. Accused Nos. 1 to 4) were concerned. The High Court was of the view that the appreciation of evidence made by the learned Sessions Judge was unreasonable and that in fact there was ample evidence to support a finding of guilt as against these persons. So far as, original accused Nos. 5 and 6 were cancelled the High Court did not disturb the finding of acquittal rendered by the learned Sessions Judge. The High Court in this view of the matter convicted original accused Nos. 1 to 4 for an offence under section 302 read with section 34 of the Indian Penal Code and sentenced each of them to undergo imprisonment for life. The four convicts have approached this Court by way of present appeal by special leave. The appeal raises no question of law. In substance the two only factual questions which arise are: (1) Whether the High Court was right in taking the view that insofar as the appellants are concerned the appreciation of evidence of the prosecution witnesses was unreasonable and (2) Whether the High Court was justified in concluding that there was sufficient material on record to bring home the guilt to the appellants.

2. The incident occurred in Village Kenedi. The appellants as also deceased Nabha Ram belong to the same village. The murderous assault on Nabha Ram too place at 9 p.m. on August 24, 1973. The prosecution case is that Nabha Ram was dragged inside the Deli of appellant No. 1, Aher Pitha Vajshi by all the four appellants and by original accused Nos. 5 and 6 whose acquittal has been confirmed by the High Court. After he was dragged inside the Deli the appellants assaulted him and inflicted on him as many as 20 injuries, 5 of which were incised wounds. The said five injuries have been described by P.W. 2 Dr. Mehta in the following terms:

(1) Incised wound over the face, near the angle of the eye size 1-1/2"x ½” x l”, Fracture of axillary bone seen,

(2) Incised wound over the forehead, just above the eye brow size 2' x 1/2" x bone deep. Fracture line felt over the frontal bone just near the orbital fossa.

(3) Incised wound over the parietal aminance left size 2-1/2" X 1/4' x 2" beneath the scalp.

(4) Incised wound over the occipital region 1" above the superior nucheal like size 1-1/2' x 1/2' bone deep.

(5) Incised wound over the junction of two parietal bones 1/2' away from the junction of parietal and occipital bone size 2" x 1/4" bone deep.

Fracture line is felt along with the injury.

3. According to the deposition of Dr. Mehta four internal injuries described as under were also found when he performed post-mortem on the dead body of the deceased.

(1) Fracture over the frontal bone just near the middle of the orbital fossa and extended upto thy junction of front oparieto junction left size 2-1/2" X in length corresponding to injury No. 2.

(2) Fracture of the junction of 2 parietal bones 1/2" above the junction of occipital and parietal bone corresponding to injury No. 5.

(3) Tear on the membrance over the frontal lobe size 1”, There was slight laceration of brain matter in frontal lobe left size 1/4",

(In his opinion (1) injuries Nos. 2 and 4 both we