The main legal point established in the judgment is the application of common intention under Section 34 IPC in a murder case, leading to the acquittal of the accused from the murder charge based on the absence of shared intention among all the accused.

(Per Pratyush Kumar, J.)

The instant appeal has been filed by the four accused-appellants under Section 374 Cr.P.C. against the judgment and order dated 30th September, 1983 passed by Sri Krishna Kumar, II Addl. Sessions Judge, Unnao in S.T. No. 631 of 1982, State Vs. Suresh Singh & others, under Section 302 /34 IPC, P.S. Ajgain, District- Unnao, whereby the appellants were convicted and sentenced as under : -

(i) Appellant- Suresh Singh under Section 302 IPC to undergo imprisonment for life, and appellants Pappu @ Brijesh Kumar, Sajiwan Lal and Mahendra Singh under Sections 302/34 IPC to under go imprisonment for life;

(ii) Appellant Pappu @ Brijesh Kumar under Section 323 IPC to undergo three months' R.I. And appellant Sajiwan Lal under Sections 323/34 IPC to undergo three months' R.I.

Sentences were directed to run concurrently.

2. The first informant also filed Criminal Revision No. 90 of 1984, whereby prayer has been made that sentences of imprisonment for life passed against all the accused persons be enhanced to sentences of death.

3. Since the instant appeal and revision arise out of the same judgment and order, therefore, they are being disposed of by a common order.

4. In the present matter, facts of the prosecution version may be summarized as under : -

That on 22nd June, 1982 at about 10 a.m.. the present revisionist- Kishori Lal gave a written report at P.S. Ajgain stating therein that, that day at about 8.30 a.m. when he came out of his house, he found his chabutra was damaged by any bullockcart. He was asking loudly who did that. At that his neighbour Pappu @ Brijesh Kumar and his cousin Sajiwan Lal came there, abused him. Sajiwan Lal caught him and Pappu @ Brijesh Kumar slapped him. At the alarm raised by him, his brother Nihal Chandra, Brijesh Kumar, mother Jamuna Devi and co-villager Harish Chandra and Ramesh Chandra came there and intervened. They suggested that their elder Desh Raj Singh be approached for settlement of dispute. They proceeded towards the house of Desh Raj Singh, his brother Nihal Chandra was ahead by them followed by Jamuna Devi. In the meantime, Pappu @ Brijesh Kumar and Sajiwan Lal went back to their house. When they were about to reach near the house of Desh Raj Singh, Suresh Singh armed with licenced double barrel gun of his uncle Pyare Lal, Pappu @ Brijesh Kumar and Sajiwan Lal armed with kanta, Mahendra Singh armed with lathi came from the back side exhorting them. They turned back and said that when there was going to be talks for settlement why they were abusing. Meanwhile, Pappu @ Brijesh Kumar, Sajiwan Lal and Mahendra Singh exhorted Suresh Singh to let them murder "Sale Ko" , the opportunity was good, he should not go back safely that would settle the dispute of chabutra. His brother Nihal Chandra, said, with folded hands that the matter was going to be settled peacefully. They should keep their mouth closed and not abuse them. His mother from the back side caught Nihal by her hands and asked him not to go further otherwise enemies would kill him. Suresh Singh reached near Nihal Chandra and fired his gun on his chest, who sustaining gun shot wound fell down, his mother while crying and clasping him also fell down, all others due to fear went inside the house of Shiv Kumar. The assailants went away to the northern side of the village. Thereafter they came out and saw that Nihal Chandra had died, his mother had one gun shot wound in her chest. When she was separated from the dead body of Nihal Chandra, she also died after sometime. Dead bodies were looked after by the villagers. Request was made that proper action be taken.

5. At this written report, chick FIR was scribed, Case Crime No. 101, under Section 302 IPC and Case Crime No. 102 under Section 30 Arms Act were registered, though in the chick FIR, names of five accused were written however, Pyare Lal was made an accused in later case crime number. Requisite entry was made in the report of the General Diary and investi