An assembly of individuals does not constitute an unlawful assembly absent a common objective and overt acts; intent and premeditation are requisite for homicide convictions.

1. This appeal under S.374 (2) Cr.P.C. is directed against the judgment of conviction and order of sentence dated 27/11/2000 passed by Additional Sessions Judge, Bhind (M.P.) in Sessions Trial No.229/1993; whereby, the appellants have been convicted and sentenced as under:
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2. The admitted facts of the present case are that the accused and Vishambhar Singh (PW - 2), Nahar Singh (PW - 3), Dilip Singh (PW - 4), Kamal Singh (PW - 5), Satyapal (PW - 7), Sobran Singh (PW - 8), Radha Bai (PW - 11), Nanne Khan (PW - 12), Kallu (PW - 13), Nathuram (PW - 14) and Sher Singh (PW - 24) are known to each other even before from the date of incident. It is also admitted that Vishambhar Singh (PW - 2), Nahar Singh (PW - 3), Dilip Singh (PW - 4), Kamal Singh (PW - 5), Satyapal (PW - 7), Radha Bai (PW - 11), Kallu (PW - 13) and Sher Singh (PW - 24) being the members of one and the same family are near relatives of each other. Accused have also admitted in the present case that Balister Singh and Shyam Singh are no more.

3. Prosecution story, as found proved, in nutshell, is that on 20.05.1993 at about 08:20 pm, Vishambhar Singh (PW - 2) along with Satyapal Singh, Dilip Singh and Sher Singh, lodged a report at Police Endori, District Bhind (M.P.) to the effect that at about 06:30 pm he was at his home and his son Narendra was fetching water from the well before him. When daughter of Ajmer Singh, namely, Gudiya showed slipper to his son Narendra (an insulting way of gesture), Narendra also showed his leg to her in the same manner. On this a quarrel ensued in the course of which mother of Gudiya came there indulged in heated altercation. Complainant Vishambhar Singh also reached. Kamal Singh, Dilip Singh, Satyapal Singh, Jagdish Singh, Nahar Singh, Kamlabai, Radhabai, Nathu Kori, Khan, Balister Singh, Kallu, Sobran Singh also came there and tried to appease the parties and settle the dispute. Shyam Singh, father of complainant Vishambhar Singh with folded hands sought forgiveness for the mistake committed by his grandson and assured its non - recurrence. Thereafter Lakhan Singh armed with 12 bore gun of his father, Ramprakash axe, Shiv Singh, Janak Singh bare - handed, Jaikaran Singh along with gun, Kedar barehanded, Majboot Singh along with Bhala came on the spot and in pursuance of the common object to kill, Lakhan opened his first fire on the members of the complainant party from the house of his grand - father - Shiv Singh, the pellets of which hit the head, ear, temple of Balister Singh and back of shoulder of Nahar Singh due to which blood started oozing out from the injuries. Thereafter Lakhan made second fire on the complainant party from the terrace of his house which hit the stomach, chest and armpit of Kallu; pellets of the second fire also hit on different parts of the body of Nanhe Khan, Nathuram, Sobaran Singh, Radha Devi and Kamla Bai. Third fire was by Lakhan Singh hit the father of complainant Shyam Singh in his stomach, near private parts, hands and on both the legs due to which blood started oozing. The father of the complainant died on the spot. On the basis of the aforesaid, crime was registered against the accused persons. Panchayatnama of body of Shyam Singh was prepared. Injured persons were sent for their medical examination. Injured Balister Singh was sent to the J.A. Hospital, Gwalior where, during treatment, he succumbed to the injuries and died. Autopsy was also conducted at J.A. Hospital, Gwalior. After completion of the investigation, charge - sheet against all the accused / appellants was filed in the Court of JMFC, Gohad, Dis