The court clarified the interpretation of the common object under Section 149, Indian Penal Code, and emphasized the need for strict construction of the common object in determining criminal responsibility.

King, J.

1. The five appellants were involved in a case of rioting and murder at a village in the Calicut Taluk on the night of 31st March last. All of them were convicted of rioting, two of them being convicted under Section 148, Indian Penal Code, because of their possession of lethal weapons, and the first and second appellants were convicted of two murders committed by them in the course of the occurrence. The remaining appellants were also convicted on two counts of constructive liability for these murders.

2. The story of the occurrence is comparatively simple. A festival extending over several days was being celebrated at the temple where the occurrence took place and on 30th March, these appellants created a disturbance by going to that part of the pandal reserved for the womenfolk. They insulted them and began to annoy them by throwing discarded beedi ends at them. Several of the uralars or temple managers including the two murdered men, went and ejected them. There was no further trouble that night but the following night about ten oclock the appellants arrived at the temple and began to repeat their performance of the night before. On that occasion the prosecution witnesses who were ordered to eject them did not find the task so easy and there was a scuffle and blows were exchanged on both sides before they could be driven out. Several injuries were inflicted on the appellants and one of them received an incised wound twelve inches long across the back. About an hour later the appellants returned in order to have their revenge on the uralars for the rough treatment they had received. The first and second appellants were armed with a penknife and a dagger respectively and it was the prosecution case that the common object of the unlawful assembly thus formed was to kill the uralars, members of their families and their supporters. As they arrived at the scene they were heard shouting out that none of the uralars were to be left alive. All the appellants went directly to the place where the uralars were conducting the proceedings and the second accused immediately stabbed one Raman in the abdomen and the first accused stabbed Narayanan also in the abdomen, followed by another blow as soon as he sat down. The rest of the appellants used their hands in beating off the prosecution witnesses and all then bolted. Raman died almost immediately but Narayanan survived until 6th April. Early information was given at the police station half a mile away and before the learned Sessions Judge there was ample evidence identifying the first and second appellants as the authors of the fatal injuries on Narayanan and Raman respectively. The rest of the appellants were also well identified and in the result the first two appellants were convicted under Section 148, Indian Penal Code, while the remainder were convicted under Section 147, Indian Penal Code. The first appellant was convicted of the murder of Narayanan and the remainder of the accused were convicted of this murder by operation of Section 149, Indian Penal Code. The second appellant was convicted of the murder of Raman, while his companions were convicted under Section 149, Indian Penal Code, All the appellants were sentenced to transportation for life for the offences of murder while the convictions under Sections 147 and 148, Indian Penal Code, were followed by sentences of rigorous imprisonment for six months and one year respectively.

3. Mr. Rangaswami Aiyangar has strenuously argued that the evidence in the case is not reliable and that on account of several discrepancies in the stories told, the witnesses cannot be believed regarding what took place. According to the case set out by the appellants before the Committing Magistrate and the learned Sessions Judge, the first and second appellants went to the temple at about 11 oclock that night and shortly after getting there, the deceased Narayanan came and told them they were wanted by the uralars. The two of them w