The court clarified the interpretation and application of Section 149 IPC in the context of unlawful assembly and common intent. The court held that the acquittal of one of the accused did not negate the applicability of Section 149 IPC if the evidence clearly showed that the other accused acted as a single unit with a common objective to harm the victims.

SANDEEP MEHTA, J.

1. The appellants Hem Raj @ Kalu, Raju, Pusha Lal and Ravi Harijan stand convicted and sentenced as below vide judgment dated 03.08.2013 passed by learned Additional Sessions Judge No. 3, Bhilwara in Sessions Case No. 45/2012.

Name of the appellant-applicant	Offence for which convicted	Sentence awarded
1. Hem Raj @ Kalu	302/149 IPC	Life imprisonment and a fine of Rs.3000/- and in default of payment of fine, further to undergo eight months’ additional rigorous imprisonment
2. Raju	323/149 IPC	Six months’ rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine, further to undergo fifteen days’ additional rigorous imprisonment
3. Pusha Lai	324/149 IPC	One year’s rigorous imprisonment and a fine of Rs.1000/- and in default of payment of fine, further to undergo one month’s additional rigorous imprisonment
4. Ravi	148 IPC	One year’s rigorous imprisonment and a fine of Rs.1000/- and in default of payment of fine, further to undergo one month’s additional rigorous imprisonment
1. Hemraj @ Kalu	4/25 Arms Act	One year’s rigorous imprisonment and a fine of Rs.1000/- and in default of payment of fine, further to undergo one month’s additional rigorous imprisonment
2. Ravi Harijan

2. All the sentences were ordered to run concurrently. By the same judgment, learned trial court acquitted Smt. Lali W/o. Bhairu of the charges.

3. Being aggrieved by their conviction and the sentences awarded to them, the appellants have preferred the instant appeal under Section 374 (2) CrPC.

4. Succinct facts relevant and essential for decision of the appeal are noted hereinbelow.

5. Sonu Singh (P.W.6) submitted a written report (Ex. P/17) to the officer of the Police Station Pratap Nagar, Bhilwara on 17.05.2011 at 11.00 p.m. alleging inter alia that on the very same day at about 7.30 p.m., he alongwith his brother Surendra Singh, Karan Singh, Deepu Singh and Raju Rathore were standing outside their house. Hem Raj @ Kalu, his brother Raju, Pusha Lai, Ravi Harijan, and 4-5 other persons armed with swords and sticks etc. came around and launched an attack on Surendra Singh, Karan Singh, Deepu Singh and Raju Rathore, who received numerous injuries at the hands of the accused. Whilst Hem Raj and Ravi Harijan inflicted blows by swords, the other accused persons used sticks upon the members of the complainant party. The accused escaped after the assault. The injured were taken to the hospital, where Surendra Singh passed away while undergoing treatment. It was alleged that the accused were having a prior enmity with the complainant party and on the previous evening as well, they had abused them and that the present assault perpetrated with the intention of killing Surendra Singh was fueled by this motive.

6. On the basis of this report, a formal FIR No. 234/2011 was registered at the Police Station Pratapnagar, Bhilwara for the offences under Sections 147, 148, 149, 307 and 302 IPC and investigation was commenced.

7. The accused appellants as well as Smt. Lali, wife of Bhairu, who too was implicated in this case, were arrested and after making the usual recoveries etc., investigation was completed and charge-sheet was filed against these five accused in the court of the concerned Magistrate for the offences under Sections 148, 323/149, 324/149, 326 in the alternative 326/149 and 302/149 IPC. Accused Hem Raj @ Kalu and Ravi Harijan were also charge-sheeted for the offence under Section 4/25 of the Arms Act. Since the offences were Sessions triable, the case was committed to the Court of Sessions Judge, Bhilwara, from where, the same was transferred for trial to the Court of Additional Sessions Judge No. 3, Bhilwara.

8. The trial court framed charges against the accused for the above mentioned offences. The a