The necessity of proving common intention under Section 34 IPC was emphasized, leading to convictions for individuals directly involved while acquitting others without adequate evidence.

JUDGMENT :

Sanjay Kumar Jaiswal, J.

1. As all these appeals arise out of the same judgment, they are being heard and disposed of by this common order.

2. The present appeals have been preferred under Section 374(2) of Cr.P.C. calling in question the legality, validity and correctness of the impugned judgment dated 14.12.2001 passed by the learned 2^nd Additional Sessions Judge, Durg, District - Durg (C.G.), in S.T. No. 144/1998, by which the appellants have been convicted and sentenced as under with a direction to run both the sentences concurrently:-

3. As per the judgment of the trial court, the appellants were acquitted of the offences punishable under sections 294, 506 Part-II and 341 of the INDIAN PENAL CODE . They were convicted for the offences punishable under Section 304 Part-II of the INDIAN PENAL CODE instead of Section 302 or 302/34 of the INDIAN PENAL CODE and under Section 324 or 324/34 of the INDIAN PENAL CODE instead of Section 307 or 307/34 of the INDIAN PENAL CODE .

4. Brief facts of the case are that on the date of offence i.e. 09.11.1997, at about 01:45 pm, Ravinder alias Raju (PW-6) was coming to his house after completing his work and when he reached near Shyam Nagar Camp-2, Police Station- Chhawani, Bhilai, across the canal, the appellants Santosh and Billu alias Ramswaroop were armed with sticks and Appellant Ramsharan (appeal abated against him) was armed with a sword and Harkhlal was empty handed, they surrounded him, started pushing, abusing and threatened him for life. Appellant Santosh was about to be assaulted with a stick, at that time, Ravinder alias Raju's nephew Deepak alias Badku (deceased) came there from the house to save him. Appellant Santosh assaulted Deepak alias Badku on his head and leg. When Ramsharan tried to assaulte Deepak alias Badku by means of sword, Ravinder Singh alias Raju (PW-6) intervene him due to which Ravinder alias Raju (PW-6) sustained injuries on thumb of his left hand. All the four appellants together assaulted Deepak alias Badku and when he fell down, they ran away from the spot abusing him. Thereafter, Deepak alias Badku was taken to the hospital. On the same day, on the report of Ravinder alias Raju (PW-6), first information report has been lodged vide Ex.P-9 bearing Crime No. 905/1997 in the police station Chhawani. Medical examination was done. Deepak alias Badku died during treatment, and dead body Panchnama (Ex.P-15) was prepared. Doctor R.N. Pandey (PW-5) examined the dead body of Deepak alias Badku on 12.11.1997 and gave his report vide Ex.P-8 in which the cause of death was said to be hemorrhagic shock due to head injury. Spot map was prepared. Statement