For conviction under Section 34 IPC, there must be evidence of common intention and active participation; mere presence is insufficient.

JUDGMENT :

FARJAND ALI, J.

1. The appellants have preferred the present appeal under Section 374 of the Code of Criminal Procedure, 1973, assailing the judgment and order dated 13.07.1995, passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur, in Sessions Case No.4/1993 (190/1992), whereby the learned Trial Court convicted and sentenced the appellants as under :

All substantive sentences were directed to run concurrently. 1.1 During the pendency of the appeal, it was brought to the notice of this Court that appellant Takhat Singh had expired on 25.02.2010. The death report submitted by the SHO concerned dated 06.05.2025 is taken on record, thus the appeal against him stood dismissed as abated. The present appeal thus survives only in respect of appellant Lal Singh.

2. The brief facts, as unfolded from the record, are that PW 13 Shankar Singh lodged a written report on 12.07.1992 at about 10:30 PM on oral information by Manilal (PW 1) at the General Hospital, Udaipur, alleging that his mother Smt. Vardibai had lent a sum of Rs.3,000/- to Amarsingh three years earlier. When repayment was sought, a quarrel ensued.

2.1. On the night of the occurrence, at about 9:30 PM, Amarsingh allegedly abused Smt. Vardibai outside the house. When the complainant protested, Bhursingh called him down. Bhursingh and his wife Smt. Bhuri, armed with lathis, approached from one side, while Takhatsingh, brother of Bhursingh, rushed from the opposite direction with a knife, shouting threats to kill. Shortly thereafter, Lal singh and Takhatsingh’s wife also reached at the crime scene.

2.2. At that time, the complainant’s wife Smt. Sawa Bai and brother Heersingh were also present. Takhatsingh inflicted a knife blow on Sawa Bai’s left shoulder near the chest and another on her right arm. Thereafter, he stabbed Shankar Singh near his left shoulder and below the armpit, and subsequently injured Heersingh on the left side of his abdomen.

2.3. Hearing the commotion, Smt. Vardibai and her husband arrived. On their cries for help, the Head Constable and police personnel from the nearby outpost reached the spot and transported the injured to the Udaipur Hospital.

2.4. On the basis of the report, FIR No.70/1992 was registered at Police Station Gogunda under Sections 307 and 34 IPC . During investigation, a site plan (Exhibit P-3) was prepared, and the injured were medically examined (Exhibits P-11 to P-13, with X- ray reports P-14 to P-16). The police seized blood-stained clothes and later arrested the accused. Pursuant to disclosure under Section 27 of the Evidence Act (Exhibit P-19), a knife was recovered (Exhibit P-7). The FSL report (Exhibit P-10) confirmed the presence of human blood on the seized articles.

2.5. Upon completion of investigation, the case was committed to the Court of Sessions, Udaipur. By order dated 27.08.1992, the learned Court discharged Smt. Bhuri Bai and Smt. Chandni Bai, framing charges under Sections 307 /34 and 324/34 IPC against the remaining accused. During pendency of the trial, accused Bhursingh expired and proceedings against him were abated. The prosecution examined sixteen witnesses, while the defence examined two witnesses and exhibit