JUDGMENT

S. B. SINHA, J. — The appellant herein was convicted for commission of an offence punishable under Section 302/34 of the Indian Penal Code (‘IPC’ for short) and had been sentenced to undergo rigorous imprisonment for life as also a fine of Rs.500/- and in default thereof to under go additional three months’ simple imprisonment. He was prosecuted along with three others for sharing common intention for causing death of one Siddique Ahmed Patel and causing simple hurt with sharp cut weapon to Yusuf Adam Patel (PW-3).

2. At about 5.45 p.m. on 29.11.1993, the deceased was alleged going to a mosque for offering prayer (Namaz). When he was passing by the house of the accused persons situated at vil¬lage Sarod, all the four accused persons were standing there. A quarrel ensued between them, when the deceased Siddique was asked as to why he had entered into a transaction of the house instead of land to which he answered that he had entered into a transac¬tion with his maternal uncle, whereupon, the Appellant herein allegedly inflicted a stick blow on his head, as a result of which he fell down. Accused No.1 Bilal Ahmed Ibrahim Kabha there¬after inflicted a knife blow on his chest