( 1 ) BALM Lal appellant has been convicted under Section 302 I. P. Code and sentenced to imprisonment for life by the Sessions Judge, Lucknow. The charge against the appellant was that on 11-1-1958, at about 4. 30 P. M. he along with his servant Lalta struck the deceased Ramnath with a scythe with the intention of killing him and thus committed an offence under Section 302/34 I. P. Code. The trial court did not frame the charge properly for in every case where section 34 I. P. Code is applied the court should clearly mention that the crime was committed in furtherance of a common intention. This fact was- not mentioned in the charge framed by the trial court. The trial court acquitted Lalta and gave him the benefit of doubt and convicted the appellant under Section 302 I. P. Code simpliciter.

( 2 ) AS we am criticising the trial court, we may at this very stage observe that we have not been impressed by the reasoning of the trial court when it completely acquitted Lalta, the other accused. The reasoning, adopted by the trial court cannot bear scrutiny and good evidence has been ignored on fanciful grounds. The medical evidence alone is conclusive on the point that two pe