The judgment emphasizes the importance of proving the shared common object of an unlawful assembly and the role of motive and animus in inferring the common object. It also highlights the principle that mere presence at the scene is not sufficient to establish membership in an unlawful assembly.

1. - Since these three appeals by the accused persons are directed against one and the same judgment of the Sessions Judge Sawai Madhopur dated June 13, 1988, they were heard together and are disposed off by a common judgment. By the impugned judgment, accused (I) Har Narain (2) Ram Narain (3) Ratm Lal (4) Kishore (5) Hazari (6) Badri (7) Satya Narain (8) Sheoji (9) Kana (10) Ramji Lal and (11) Nathu were convicted under sections 302/149, 148, 324, 324/149, 323 and 323/149. I. P. C. and each was sentenced to imprisonment for life under section 302/149 and to various terms of imprisonment under the remaining sections. Accused Harnarayan was further convicted under section 302 I P.C. and sentenced to imprisonment for life Sentences were directed to run concurrently. The accused have come up in appeals and challenge their convictions.

2. Put briefly, the prosecution is as follows:

The appellants are the residents of village Didwari P.S. Bonli District Sawai Madhopur. Out of them Ramji Lai & Nathu, are Mali and the remaining nine are Aheer by caste. The two deceased Kalyan aged about 60 years and Kishtoora aged about 45 years were also Aheer by caste and residents of the same village. Relations between the deceased victims and the accused persons belonging to Aheer caste got estranged due to disputes over the well, fields and water. Civil and Criminal litigation ensued between them. The police had submitted a challan against the deceased victim:. Kalyan and Kishtoora and 10 others in the court of a Judicial Magistrate on 21.11.84 for offences under sections 147, 447, 379, 427 etc. of the Penal Code. Before a few days of the incident, the police submitted a challan against the two deceased victims and 14 others in the court of a Judicial Magistrate for off pees under sections 307, 326, 148 etc. of the Penal Code. These cases were pending trial.

3. It is alleged that the 'GONA' ceremony of the daughters of the deceased Kishtoori Aheer was to take place on 28.5.1985. He therefore, had to make some purchases. The two deceased Kishtoora and Kalyan accompanied with P W. 6 Hazari Mali and P.W 6 Sri Narain Aheer went in a bullock cart from their village Didwari to Bonli. After making the purchases, all of them were returning together at about 6.00 P.M. When they reached the field of Mozi Ram (P.W.1), through which passes the cart way the 11 accused persons suddenly emerged out of the 'Gonhi' (bullocks treading place) of the well. Accused Har Narayan, Kishore, Badri and Ramjilal had Kulhadies (axes), accused Ram Narayan had a 'Jelli' and the remaining seven had Lathies. Accused Har Narayan gave a 'Lalkara' to kill them all. They obstructed bullock cart and did not allow it proceed further. Apprehending danger to their lives, Kishtoora and Kalyan left the bullock cart and started running for safety. Accused Ramjilal struck a blow of his axe on the left leg of Kishtoora, Accused Har Narayan, Ram Lai, Hazari and others struck blows to Kalyan with their weapons. Kalyan fell down with profuse bleeding from his wounds. The culprits thereafter over-powered Kishtoora and struck blows to him with their weapons. When P.W. 8 Sri Narayan tried to intervene, he too was not spared. He was also assaulted and belaboured by the accused persons. Kishtoora succumbed to the injuries and passed away instantaneously on the spot. P.W. 7 Girdhari and P.W.11 Laddu who are also residents of village Didwari were coming together on a bicycle and they saw the incident. The injured and the dead were taken in a bullock cast to Govt. Dispensary, Bonil. P.W. 6 Hazari and P.W. 7 Girdhari went to Police Station Bonli and presented written report Ex. P. 21 of the incident at about 11.30 P.M. Kalyan was admitted in the Dispensary for medical treatment and next day when he was being taken in a Jeep car to Jaipur for treatment, he passed away in the way. The police registered it case and proceeded with the investigation. The Station House Officer Ramhet Singh P.W. 10 arri