To convict under Section 34 IPC, evidence of common intention and premeditation is crucial; liability cannot be ascribed without clear proof linking all accused to the crime.

JUDGMENT :

PREM NARAYAN SINGH, J.

1. This order shall govern the disposal of these appeals as they are arisen out of same order date and same Sessions Trial number, hence, they are heard analogously and are being decided by this common order.

2. These appeals are filed against the judgment of conviction and sentence dated 06.07.2023 passed by the Sessions Judge, Ujjain District Ujjain in Sessions Trial No.174/2021, whereby appellants Mukesh and Vijay both have been convicted for offence under section 324/34 (two counts) of Indian Panel Code (hereinafter referred to as ‘IPC’) and sentenced to undergo 03-03 years R.I. with fine of Rs.1000/-, 1000/- with default stipulations.

3. As per the prosecution story, on 01.06.2021 due to petty dispute regarding use of pathway situated between the field of appellants and complainant party, the appellants hurled abuses and on being stopped by the complainant, appellants assaulted Vikas by kicks & fists, in between Mukesh took a knife from his pocket and assaulted Vikas on his head, chest, back, hip and stomach due to which he sustained injures and started bleeding. When Dilip came in rescue Mukesh gave a knife blow on his chest due to which Dilip sustained injury near his chest and started bleeding. Thereafter Dilip's relatives Jitesh and Dharmendra came to rescue the injured, then the accused persons threatened the complainant party to kill them, if they use the path way in future. Dilip filed a complaint, on the basis of which police registered crime No.336/2021 for offence under Sections 307 , 323, 294, 506, 34 of IPC against the accused persons.

4. During investigation Police reached Sanjivini hospital wherein injured Dilip was admitted for treatment. On 02.06.2021, Dr. Rajendra Bansal submitted MLC report of injured Vikas and Dilip. On 02.06.2021, police recovered blood stained cloth from Dilip and at the instance of Dilip, police reached on the spot and prepared spot map, seized blood stained earth and plain earth, arrested accused Vijay and Mukesh. Further on the basis of memorandum statement of Mukesh, police recovered iron knife and blood stained shirt from his possession and thereafter, recorded the statement of the witnesses. After completion of investigation, charge-sheet was filed against the accused persons for offence under Sections 307 , 323, 294, 506, 34 of IPC, 1860 before the Judicial Magistrate First Class, Ujjain, District Ujjain who committed the case to the Court of Session, Ujjain whereupon charges were framed under Section 307 (on two counts), 294 and 506-II against the appellants.

5. Accused persons namely, Basantabai and Seemabai have already been acquitted from the aforesaid offence. Appellants Vijay and Mukesh abjured their guilt and took a plea that they have been falsely implicated in the present case In this regard, the prosecution has examined as many as 14 witnesses namely the Dililp (PW-1), Vikas (PW-2), Dharmendra (PW-3), Sunil (PW-4), Dinesh (PW-5), Dr. Devesh Kumar (PW-6), Rajesh (PW-7), Lakhan (PW-8), Monabai (P.W.9), Dr. Rajendra Bansal (P.W.10), Virendra Sharma (P.W.11), Priyanka Mimrot (P.W.12), Sunil (P.W.13), Omprakash Ahir (P.W.14).

6. Having analyzed the testimony of prosecution and argument of both parties, the learned Trial Court has convicted and sentenced the appellants as hereinabove.

7. Learned counsel for the appellants submitted that the allegation against both the accused persons is that they h