The court clarified that in order to attract Section 34 IPC, it is not sufficient to prove that each of the participating culprits had the same intention to commit a certain act. What is the requisite ingredient of Section 34 is that each must share the intention of the other.

G. L. GUPTA, J.

( 1 ) THROUGH this appeal, appellants Ganga and Khemla have challenged their conviction under Section 302 read with S. 34 IPC and sentence of imprisonment for life and a fine of Rs. 1,000/- recorded by the learned Sessions Judge, Balotra vide judgment dated 6-3-81.

( 2 ) THE case relates to an occurrence which took place in village Meethra in which Kamal Singh was assaulted and as a result of the injuries he died immediately after the occurrence. The F. I. R. Ex. P-16a was lodged by Jethmal Singh, P. W. 9, father of the deceased, on 16-4-80 at 1. 30 a. m. in which it was stated that on 15-4-80 Kamal Singh and Hem Singh had gone to fetch water and at about sun set Hem Singh came to him weeping and informed him that Ganga Singh alias Magsingh and Khemla were beating Kamal Singh and Dan Singh. On this information he collected Pursingh, Mool Singh and Chandan Singh and rushed to the spot where he found Kamal Singh lying. His head and right leg were bleeding. Kamal Singh told them that Ganga and Khemla had given beatings to him and he wanted to drink water. As he went to fetch water Kamal Singh died. It was also stated in the F. I. R. that some 7-8 months back there was a quarrel between Kamal Singh and Amba Singh father of Ganga accused. On this report, a case under Sec. 302 read with Sec. 34 IPC was registered. The police inspected the site, interrogated the witnesses and collected the post-mortem report Ex. P-12. The accused were arrested and weapons were recovered. After completion of the usual investigation the accused were charge-sheeted.

( 3 ) THE learned Sessions Judge framed charges under Sections 302 read with Sec. 34 and 323 read with Sec. 34 IPC against both the accused who pleaded not guilty. The prosecution examined as many as 13 witnesses. Out of them P. W. 9 Jethmal Singh is the first informant. He proves dying declaration also. P. W. 7 Dan Singh, P. W. 10 Hem Singh and P. W. 11 Vana are the eye-witnesses. P. W. 1 Mool Singh gives evidence regarding the dying declaration of Kamal Singh. P. W. Dr. G. C. Vadera had held autopsy on the body of Kamal Singh and prepared report Ex. P-12. He had also seen the injuries of Dan Singh and prepared the injury report Ex. P-13. P. W. 5 Amar Singh and P. W. 2 Heera Ram were associated as panch witnesses in the investigation. P. W. 12 Bhanwar Singh is the Malkhana Incharge. He had taken part in the investigation also. P. W. 3 Gumanaram had taken sealed packets to the F. S. L. Jaipur. P. W. 13 Narain Singh is the Investigating Officer. Accused in their statements under Sec. 313 Cr. P. C. denied accusation. It was however admitted that Mag Singh had lodged a report against Kamal Singh and others for giving beatings to Aam Singh, father of Ganga accused. Accused did not examine any witness in defence. The learned Sessions Judge held that Kamal Singh had met homicidal death. He further held that accused Ganga was the person who had caused multiple injuries to Kamal Singh in furtherance of common intention of both the accused. He, therefore, convicted both the appellants and under Sec. 302 read with Sec. 34 IPC and sentenced them as stated above.

( 4 ) WE have heard the arguments of the learned counsel for the appellants and the learned Public Prosecutor appearing for the State respondent and perused the record of the case.

( 5 ) MR. Purohit contended that the trial Court has erred in relying on the statements of Dan Singh and Hem Singh. He pointed out that Dan Singh had not informed Jethmal Singh that he sustained injuries while intervening in the occurrence and, urged that it should be presumed that Dan Singh had not seen the occurrence. Pointing out that the foot prints of camel were not found on the place of occurrence at the time of site inspection it was argued that the prosecution story, that Kamal Singh and Hem Singh were going along with camel, is false. He urged that both the accused were found asleep and this shows that they had not committed any