The main legal point established in the judgment is the requirement for the prosecution to establish the common object of an unlawful assembly under Section 149 of the IPC and the burden of proof in establishing the same.

Dhirendra Mishra, J. : -

1. The accused/appellants have preferred this Criminal Appeal under Section 374(2) of the Code of Criminal Procedure against the impugned judgment dated 26.4.1999 passed by Additional Sessions Judge, Ambikapur in Sessions Trial No. 242/1997 whereby they have been convicted under Sections 147, 148, 302/149 and 324/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years each under Sections 147 and 148, imprisonment for life under Section 302/149 and rigorous imprisonment for two years under Section 324/149 of the Indian Penal Code. All the sentences have been directed to run concurrently.

2. Case of the prosecution in brief is that on 20.4.1997 at 8 a.m. Premlata Devi (PW-4), the mother of the deceased persons lodged a report Ex. P-5 in Police Station Lakhanpur to the effect that she is resident of village Sargawan, her father-in-law was the proprietor, the villagers regarded them like king and whenever they were in trouble, they used to make complaints to her and their grievances were resolved in the Panchayat itself by imposing penalty on the wrongdoers. According to the complaint the said Panchayat was convened and headed by complainant herself and her two sons namely Karunendra and Rupendra, however, complainant's husband never participated in it. On 18.4.1997 Mankunwar Bai, the sister of one Sukhram Kanwar had complained to Premlata Devi against her brother and sister-in-law and acting upon the said complaint a Darbarwas convened which was attended by younger son of the complainant and other villagers as well. Deceased Rupendra, however, sent a message to Sukhlal Kanwar and his wife to be present in the Durbar but they did not turn up and thus the Durbar had risen. The complainant further stated in the complaint that in the night she slept in her house, her middle son slept in verandah whereas her younger son Rupendra slept in a room. Her mentor (Guru) namely Bhairon Puri Baba Ji, resident of Ghatbarra was also staying in their house and was sleeping beside her middle son. In the morning at about 5 a.m. on hearing commotion and abuses being hurled, she came out and saw that Sukhlal Kanwar, Shri Panika, Subhash Panika, Gyan Panika, Kothya Kanwar, Ujendra Kanwar, Jagdish Kanwar and his both sons, (one named Haribhajan and the name of the other she did not know), Deena Kanwar, Shivbaran Kanwar, Jaipal Nai, Sukhlal Nai and others who were holding sword, Lathi, spear (Barchha), Tabbal etc. and shouting that "where is your son, produce him, today, we will finish him". They entered inside the house pushing the door by kicks, dragged out deceased Rupendra from the room and took him with them towards the village, whom she could not stop. Accused Kothya assaulted him by spear on his head and chin. Thereafter, she along with her middle son Karunendra went towards the village to save her younger son. However, when her middle son Karunendra went to inform the village Patel about the incident, accused Jagdish Kanwar, his two sons and his younger brother assaulted him with axe and lathi. When the complainant went to the house of accused Gyan Panika to save her younger son, she saw that accused Shri Panika and Subhash Panika had killed her son by assaulting with axe. She, then came back helter skelter to her house and narrated the incident to Baba Ji and Sej Bai and thereafter she went to the police station to lodge the report along with village Chowkidar namely Sandhudas. On the basis of this information given by the complainant merg intimation of Ex. P-3 with respect to the death of Rupendra and Ex. P-4 with respect to the death of Karunendra were registered at 8 a.m. on the same day. Based on the merg intimation Crime No. 58/1997 was registered and the police proceeded to the place of occurrence and took up investigation.

3. During investigation the photographs of the deceased persons- Ex. P6, Ex. P-7 and Ex. P-8 were taken. Inquest over the dead bodies of deceased Karune