Point of Law: circumstances which un-erringly comes to the conclusion that accused had common intention to cause death only then they must be convicted. We are convinced that the offence which is made out is not under section 304(1) read with 34 I.P.C. The decision in Ram Prasad vs. State of U.P. will help the accused.

JUDGMENT :

1. Both these appeals challenge the judgment and order dated 18.2.2015, passed by Additional District and Sessions Judge, Court No. 16, Muzaffar Nagar, in S.T. No. 595 of 2007 (State of U.P. vs. Shahab Alam and Others), S.T. No. 1140 of 2007 (State of U.P. vs. Kallu), both arising out of Case Crime No. 1422 of 2006, under Sections 302/34, 323/34, 506 I.P.C. and S.T. No. 596 of 2007 (State of U.P. vs. Samoon), arising out of Case Crime No. 1477 of 2006, under Section 25/4 Arms Act, registered at Police Station Nai Mandi, District Muzaffar Nagar. All these sessions trials were tried jointly and were decided by common judgment, acquitting all the accused for offence under Section 506 I.P.C. and accused- Samoon for offence u/s 25/4 Arms Act and convicting all the four accused for the offence under Section 304(I)/34 I.P.C. for life imprisonment with a fine of Rs. 20,000/- and for offence under Section 323/34 I.P.C. for one year rigorous imprisonment with fine of Rs. 1000/-. All the sentences were directed to run concurrently. In furtherance, the fine of Rs. 25,000/- has been imposed upon them to pay as compensation to the informant side.

2. The trial of accused Shahab Alam, Samoon and Yaseen, in respect of offence punishable under Section 302/34, 323/34, 506 I.P.C. was the subject matter of adjudication in Sessions Trial No. 595 of 2007 and the trial in respect of accused Kallu for the offences punishable under Sections 302/34, 323/34, 506 I.P.C. was the subject matter of adjudication in Sessions Trial No. 1140 of 2007 whereas the trial in respect of accused Samoon for offence punishable under Section 25/4 of the Arms Act was the subject matter of adjudication in Sessions Trial No. 596 of 2007. All the cases being triable by Court of Sessions were committed to it by the Chief Judicial Magistrate, vide orders dated 10.4.2007, 31.7.2007 and 17.11.2020, respectively. The accused, on being produced before the Sessions Court, pleaded not guilty and, therefore, were arraigned as accused.

3. As per prosecution version, on the date of incident, the complainant and the deceased went to the house of Samoon (accused) so as to enquire as to why they had beaten and misbehaved with their grand mother in the morning on which some altercation took place between the parties and all of a sudden, Samoon from somewhere brought a knife and stabbed the deceased. This stabbing proved fatal and he died on way to hospital. The other accused got themselves armed with what can be said to be sticks and rods and all of them, in unition so as to bring home their common intention, assaulted the other injured.

4. On the accused pleading not guilty, they were tried and the prosecution led its evidence by examining about 11 witnesses which are as follows:

5. In support of their ocular version following documents were filed: