The prosecution must establish that the common object of the unlawful assembly was to commit an offence under Section 302 or that the members of the assembly knew it to be likely that an offence under Section 302 would be committed in prosecution of the common object.

( 1 ) THE present appeal is directed against the judgement dated 10-7-78 passed by Sri S. S. Gupta, Fifth Additional District and Sessions Judge, Varanasi in Sessions Trial No. 177 of year 1977 convicting the appellants Mirza, Kishore, Ram Bala alias Ram Bal, son of Mirza, Multaz, Sukhpal, Algauj, Ramdhari, Nithohar, Bansu, Ram Kewal, Swaroop, Keshav, Sriram, Phaggu and Banarasi, and sentencing them for life imprisonment under Section 302/149 I. P. C. , for 5 years rigorous imprisonment under Section 324/149 I. P. C. and one year rigorous imprisonment u/s. 323/149 I. P. C. after holding them guilty of the above mentioned charges.

( 2 ) ABOVE mentioned appellants/accused Paras, Sriram, Phaggu and Banarasi have been found guilty on the charge under Section 148 I. P. C. , convicted and sentenced to two years rigorous imprisonment, and the remaining 4 appellants have been found guilty on the charge under Section 147 I. P. C. , convicted and sentenced to one year rigorous imprisonment. The above sentences have been directed to run concurrently.

( 3 ) IT is admitted to parties that appellant Mirza is dead consequently his appeal has abated.

( 4 ) ACCORDING to prosecution on 26-7-70 at 7 A. M. morning when Ram Satan and his brother Ramjag resident of village Negura, P. S. Dhanapur, district Varanasi were going for plantation to pumping set Madwa and had reached their field, from left side sugarcane field, south side "behaya" hiding accused Phaggu, Mumtaz, Sukhpal sons of Mirza, Sriram son of Vishvanath, Paras son of Sri Narayan, Banarasi, Bansu sons of Patiraj, Swaroop, Kishore sons of Satnu, Algauz, Ramdhari son of Visheshar, Ram Bala, Ram Kewal sons of Mirza, Doman and Keshav son of Ram Iqbal residents of that village being on terms of litigation of land of Ramsatan, armed with lathi, ballam, Gandasa and Pistol surrounded Ramsatan and his brother and began to assault them. Mirza was exhorting to kill. On alarm, Nanhu s/o Ramdas, Thakurdayal s/o Ramjatan and mother of Ramsatan reached the spot. The appellants beat them also. In the meantime Vishun, Balkishun sons of Shiodhan, Fatte son of Nanhu, Sahatu son of Ramdas Bind and many others came there and saw this occurrence. Ramjag was killed at the spot itself, rest victims were given thrashing and accused persons fled away. At the time of occurrence Sriram and Paras were armed with pistol, Phaggu with Gandasa, Banarasi with Ballam and Mirza with lathi. Ramjag was done to death on account of infliction of injuries with these weapons. Other remaining appellants were armed with lathi, ballam, gandasa, Ram Satan also sustained injuries from lathi, ballam, gandasa. Ramsatan etc. tried to escape, however, the appellants surrounded them at the field of Sri Singh and began to beat them.

( 5 ) THE first information report of the above occurrence was lodged by Ram Satan son of Subhag on 26-7-77 at 10-15 A. M. day at P. S. Dhanapur, pargana Chandauli, district Varanasi.

( 6 ) THE post mortem on the dead body of Ramjogwas performed by Dr. S. K. Gupta, Medical Officer S. S. P. G. hospital Varanasi on 27-7-77 at 2 o clock noon. In the autopsy, undermentioned ante mortem injuries were found on the body of the deceased. (1) Lacerated wound 7 cm x 3 cm x 2 cm deep up to bone on the middle portion of forehead. The injury was above the nose in horizontal position. (2) Two lacerated wound 1 cm x 1/2 cm x bone deep on nose. Second 11/2 cm x 1 cm x 2 cm deep on the nose with fracture of a portion of the nosal bone. (3) Lecerated wound 21/2 cm x 1 cm x 1/2 cm bone deep below the left eye on the left side of face. (4) Lacerated wound 1 cm x 1/2 cm skin deep 2 cm below the left eye brow on the left side face. (5) Contusion would with abrasion 2 cm x 1/2 cm 2 cm below right eye on the right side of face. (6) Lecerated wound 21/2 cm x 1 cm bone deep on left side of jaw on lower portion tearing the skin. (7) Abrasion 1 cm x 1/2 cm on the middle finger of the left hand. (8) Incised wound 2 1/2