The central legal point established in the judgment is the application of the principle of common intention under Section 34 IPC and the requirement of reliable and consistent evidence to establish guilt beyond reasonable doubt.

This is a criminal appeal against the judgement and order dated 28-06-1982 passed by Sri V.K. Agarwal the then Addl. Sessions Judge, Dehradun in S.T. No. 67 of 1979 u/s 307/333 IPC and S.T. No.2 of 1980 and S.T. No. 103 of 1980 u/s 60 Excise Act State Vs. Naresh and another whereby the learned Add!. Sessions Judge convicted and sentenced the appellant Naresh to undergo R.I. for a period of four years and a fine of Rs. 500/- under Section 333 IPC and to undergo rigorous imprisonment for a period of six months and a fine of Rs. 500/- u/s 60(1)(a) Excise Act. In default of payment of fine he shall undergo R.I. for six months in each count. Both the sentences shall run concurrently. The appellant Rameshwar was convicted and sentenced to undergo R.I. for four years and a fine of Rs. 500/- u/s 333 read with section 34 IPC. In default of payment of fine he shall further undergo R.I. for six months and a fine of Rs. 500/u/s 60 (1) (a) Excise Act. In default of payment of fine he shall undergo R.I. for six months. Both the sentences shall run concurrently.

2. The prosecution case, in brief, is that Head Constable Ballabh Singh (PW3) alongwith constable Devki Nandan (PW4) and constable Mahendra Pal on 9-7-1979 at 11.30 p.m. started from the police out post for patrol duty. While on patrol duty they received information that two persons were coming on scooter carrying Illicit liquor. They tried to procure independent witnesses but none was available. Believing this, the police party took position on the side of a culvert. At about 12.30 a.m. the police party saw a scooter coming from the side of Panditwari. The Police party asked them to stop the scooter but they did not stop the scooter. The scooter hit Devki Nandan PW4 due to which he received injuries on his leg and he fell down. The scooter also fell down on the ground. The two persons tried to run away but the police arrested them. On enquiry by the police they told their names as Naresh and Rameshwar, the present appellants. On their search plastic jerricane filled with Illicit liquor was recovered from the appellant Naresh and a bag having two bladders were also recovered from the possession of appellant Rameshwar alias Munna. The seized articles were sealed on the spot and recovery memo Ex.Ka4 and Ex.Ka5 were prepared. The recovered articles and the appellants were brought to the police station where written report Ex.6 was lodged by Head Constable Ballabh Singh (PW3). On the basis of written report chick report Ex.Ka11 was prepared and a case was registered against the appellant G.D entry Ex.Ka15. The Investigation was conducted by S.I. D.P. Sirohi who visited the spot and prepared site plan Ex.Ka12. The injuries of Devki Nandan were examined by Dr. R.P. Singh PW5 on 9-7-1979 at 1.25 a.m. There were two abrasions on his person and swelling deformity in right knee and x-ray was advised vide injury report EX.Ka8. The illicit liquor recovered from the possession of the appellant was sent for chemical examination. The illicit liquor was examined by Dr. K.L. Bahal PW1 Excise Inspector vide his reports EX.Ka1 and EX.Ka2. The Injuries of both the appellants were also examined by Dr. R.P. Singh and their injury reports are EX.Ka8 and EX.Ka9. There were 8 abrasions on the body of appellant Naresh and swelling on the body of appellant Rameshwar. After completing the investigation the Investigating Officer submitted charge sheets EX.Ka14 and EX.Ka15 against the appellants.

3. Charge was framed against the appellant Naresh u/s 307 IPC and 333 IPC to which he pleaded not guilty and claimed to be tried. Charge was also framed against the appellant Rameshwar u/s 307/34 IPC and 333/34 IPC. He denied the charge and claimed trial.

4. The prosecution In support of its case examined PW-1 K.L. Bahal Excise Inspector, PW2 Dr. K.K. Malhotra, PW3 H.C. Ballabh Singh, PW4 constable Devkl Nandan and PW5 Dr. R.P. Singh.

5. In the statement recorded u/s 313 Cr.P.C. the appellants denied the prosecu