The mere presence of the accused at the scene of the crime is not sufficient to hold them guilty of murder. The prosecution must prove that the accused had a common object to commit murder and that they participated in the commission of the offence.

B.P. Singh, J.

As many as 22 persons were committed to the court of session for trial variously charged under sections 302, 302/149, 302/109, 307, 307/109, 147 and 148 of the Indian Penal Code, as also under sections 25 and 27 of the Arms Act and section 4 of the Explosive Substances Act, in Sessions Trial No. 43 of 1980/41 of 1982. They were tried by the 1st Additional Sessions Judge, Sitamarhi who by his judgment and order dated 1st May, 1985 acquitted two of them while convicting the remaining 20 accused persons. Against their conviction the appellants have preferred four appeals before this Court being Cr. Appeal Nos. 17 of 1985, 23 of 1985, 36 of 1985 and 77 of 1985. Though all these appeals were to be heard together, Cr. Appeal No. 17 of 1985 was separated and heard by a Division Bench of this Court, which disposed of the said appeal by its judgment and order dated 18th September, 1998. It appears that the remaining appeals were not ready for hearing and, therefore, only one of the appeals, namely, Cr. Appeal no. 17 of 1985 was heard and disposed of by a Division Bench of this Court. The remaining three appeals have been placed before us for disposal. Out of twenty appellants before this Court in four appeals, there were ten appellants in Cr. Appeal No. 17 of 1985 which has already been disposed of. In Cr. Appeal No. 24 of 1985 there are three appellants while in Cr. Appeal No. 36 of 1985 there are six appeals out of whom two have died during the pendency of the appeal. In Cr. Appeal no. 77 of 1985 the sole appellant is Dhirendra Thakur.

2. The trial court had convicted all the appellants under section 302/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. Apart from their conviction under section 302/149 of the Indian Penal Code, eight of the appellants in Cr. Appeal No. 17 of 1985 were also found guilty of the offence under section 147 of the Indian Penal Code, while two of them were found guilty of the offence under section 148 of the Indian Penal Code, who were sentenced to two years and three years rigorous imprisonment respectively. This Court by its judgment and order dated 18th September, 1985 in Cr. Appeal No. 17 of 1985 acquitted all the appellants therein of the charge under section 302/149 of the Indian Penal Code, but upheld their conviction under sections 147 and 148 of the Indian Penal Code on a finding that though they were members of an unlawful assembly, they did not share the common object of committing the murder of anyone. We shall refer to the aforesaid judgment of this Court at the appropriate place where ever necessary.

3 The three appellants in Cr. Appeal No. 23 of 1985 have been sentenced to undergo rigorous imprisonment for life under section 302/149 of the Indian Penal Code and to undergo two years' rigorous imprisonment under section 147 of the Indian Penal Code. All the six appellants in Cr. Appeal No. 36 of 1985 have been sentenced to undergo rigorous imprisonment for life under section 302/149 of the Indian Penal Code. Ram Singhasan Rai has also been sentenced to undergo life imprisonment under section 307 of the Indian Penal Code. Four of the appellants, namely, Ram Singhasan Rai, Anup Lal Rai, Ramswaroop Rai and Nand Kishore Rai have been sentenced to undergo three years rigorous imprisonment under section 148 of the Indian Penal Code and seven years rigorous imprisonment under section 27 of the Arms Act. Appellants Rajendra Rai and Bhola Rai have been sentenced to undergo two years rigorous imprisonment under section 147 of the Indian Penal Code. In Cr. Appeal No. 77 of 1985 the sole appellant has been convicted and sentenced to undergo rigorous imprisonment for life under section 302 of the Indian Penal Code as well as under section 302/149 of the Indian Penal Code. He has also been sentenced to undergo three years rigorous imprisonment under section 148 of the Indian Penal Code and seven years rigorous imprisonment under section 27 of the A