The liability of a member of an unlawful assembly for the acts of other members depends on whether he shared the common intention of committing the offence.

( 1 ) THE appeal has been filed by Chandrabhan and Ram Sajiwan against the order and judgment dated 3-2-1979 of the Addl. Sessions Judge, Kanpur in sessions trial No. 406 of 1978 convicting them under Section 302/149 I. P. C. and sentencing each of them to life imprisonment for committing the murder of Ashok. They have further been convicted under Section 307/149, i. P. C. and sentenced to seven years R. I. each for making the murderous assault on Dr. Bhanchandra, They have also been convicted under Sections 452 and 148 I. P. C. and sentenced to two years: R. I. and one years R. I. respectively. All the sentences have been directed to run concurrently. The revision has been filed by Dr. Bhanchandra, the injured against both the accused persons for enhancement of their sentences.

( 2 ) THE prosecution story, as revealed in the first information report and by the prosecution evidence briefly stated, is as follows, There is a small town of Maitha within the police circle, P. S. Sheoli, District Kanpur, It has a railway station. Dr. Bhanchandra is a respectable citizen of that place. He is also a medical practitioner and was having good practice. He has a good residence there in the outer hall of which he was having his clinic. There was also a sub-post office in that very hall and Dr. Bhan Chandra was himself the sub-postmaster. Surya Bhushan srivastava (P. W. 1) was the station master of the railway station Maitha. He war, posted there since August, 1976. The daughter of his real uncle was married to Dr. Bhan Chandra. His residence was at the railway station which was at a distance of about one hundred paces from the residence of Dr. Bhanchandra. Ram Sajiwan appellant was a constable there. About two and a half months prior to the occurrence, Ram Sajiwan had treated Sri Bhagwan Din Khushwaha an m. L. A. of that locality very badly at Maitha railway station. He had dragged him out of the train and had beaten him. Dr. Bhan Chandra had then gone to the railway station on getting that information and had reprimanded Ram Sajiwan. He being a public man had also publicly abused ram Sajiwan strongly and a case was then brought against Ram Sajiwan with regard to that incident. When he was released on bail he went to Dr. Bhan Chandra about 25-30 days after that incident and had threatened him with dire consequences. Chandra Bhan appellant was an associate of Ram Sajiwan. He retired from the military where he was a sepoy. He then became a contractor of country-made liquor. He had good relations with the local police and under their protection he used to commit crimes. Dr. Bhanchandra being a public worker used to abuse him openly. Chandra Bhans brother Amritlal was also a doctor. But he was not proving successful while Dr. Bhan Chandra had a very good practice. There was thus professional rivalry between the two families. Chandrabhans residence was at a distance of about 60 paces from that of Dr. Bhanchandra. Once there was a quarrel between Chandrabhan appellant and Surya Bhushan Srivastava (P. W. 1), who was related to Dr. Bhanchandra, Surya bhushan Srivastava (P. W. 1) as Station Master had detained at the station four bags of manure which Chunnilal, real brother of Chandrabhan appellant had brought there without paying freight. Chandrabhan appellant then arrived there and abused the Station Master and also threatened to beat him. That incident took place on 8-11-1977. The Station Master had then lodged a report with the G. R. P. to the effect that Chandrabhan appellant was a bully and he had apprehensions to his life and property from him. This happening was elicited in the cross-examination of Surya Bhushan Srivastava (P. W. 1 ). It is thus clear that the relations between Chandrabhan Yadav on one side and Dr. Bhanchandra on the other side were much strained.

( 3 ) ON 10-5-1978 at about 7 p. m. when Dr. Bhan Chandra was sitting in his hall in which there was a sub-post office as well as his clinic and some patients in