The main legal point established in the judgment is the application of the principle of common intention in determining the appropriate conviction for the accused, considering the lack of evidence establishing a specific accused causing the fatal head injury.

JUDGMENT :

Syed Aftab Husian Rizvi, J.

1. We have heard Sri I.K. Chaturvedi learned Senior Counsel assisted by Sri Saurabh Chaturvedi for the appellant, Sri Ajay Kumar, Sri Rishikesh Kumar Maurya and Sri Raj Kumar Yadav learned counsels appearing for the informant and Ms. Kumari Meena, learned AGA for the State.

2. This Criminal Appeal is filed against the judgment and order dated 03.01.1994 passed by second Additional District and Sessions Judge, Jaunpur in S.T. No.37 of 1987 (State vs. Kare Deen and ors) arising out of crime no.106/1986, P.S. Barsathi, District Jaunpur. By the impugned judgment and order, the learned Sessions Judge has held appellants-accused Kare Deen, Ram Bhola, Devi Prasad and Ambika Prasad guilty for offence punishable under sections 302 read with section 34 and 323 read with section 34 IPC and sentenced each of them to imprisonment for life for offence under Section 302 read with section 34 IPC and six months rigorous imprisonment for offence under Section 323 read with section 34 IPC.

3. In brief the facts are as follows:

On oral information of complainant, Shesh Mani (P.W.-1), an NCR No.106 of 1986, under sections 323, 504 and 506 IPC, was registered at P.S. Barasathi, District Jaunpur on 30.06.1986 at 19:45 hrs against four accused, namely, Kare Deen, Ram Bhola, Devi Prasad and Ambika Prasad. It was alleged that on 30.06.1986 while the complainant was returning with his bulls after ploughing his field, the bulls went near the door of the accused with whom complainant has old enmity; the complainant went to herd away the bulls; the accused started hurling abuses and launched an assault on him with fists and danda. His father Ram Raj came to rescue him. The accused assaulted him as well, with lathi. On the noise, the witnesses Ram Dular and Daya Shankar and other co-villagers intervened. The accused went away hurling abuses and extending life threats. After registration of the NCR, the injured Shesh Mani (the complainant) and Ram Raj were sent to the hospital. On 01.07.1986, injured Ram Raj succumbed to his injuries in the district hospital, Jaunpur. On receipt of the information of death, the case was amended and section 304 IPC was added. The inquest proceeding of the dead body was conducted by S.I. Shamsher Bahadur Singh. He also prepared the related papers and sent the body for postmortem examination. The investigation was entrusted to S.I. Sankata Prasad Singh. He came to the place of occurrence, recorded the statements of witnesses and prepared the site plan. He also seized the blood stained lungi of the deceased and prepared its memo. Thereafter, on subsequent dates, he recorded the statements of other witnesses and after completion of the investigation, submitted charge sheet on 11.07.1986 under sections 304, 323, 504 and 506 IPC against all the four accused.

4. After committal proceeding, the sessions court framed charges against all the accused under Section 302 read with section 34 IPC and 323 read with section 34 IPC. The accused pleaded not guilty and claimed for trial. The prosecution examined eight witnesses and produced 16 documents Ex. Ka.1 to Ex.Ka-16 and three material exhibits 1 to 3. The statements of accused were recorded under sections 313 Cr.P.C. and incriminating circumstances were put to them. They denied the prosecution case. They have also stated that they have been implicated due to enmity. Complainant-Shesh Mani is the nephew of Ram Dular and Raj Nath is also of the same party and a professional witness. Accused have also stated that the deceased was laying roof upon his kutcha house. He fell down on a log due to which he suffered head injury and died. No evidence in defence was produced. The trial court after hearing the arguments, by the impugned judgment and order, held the accused-appellants guilty for the offence under section 302 read with section 34 and 323 read with section 34 IPC and sentenced them as above.

5. The medico-legal examination of Ram Raj (deceased) was cond