IMPORTANT POINT
To bring home charge of common intention prosecution has to establish by evidence, whether direct or circumstantial that there was plan or meeting of mind of all accused to commit particular offence for which they are charged, be it pre-arranged or on spur of moment but it must necessarily be before commission of crime.

JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Appellant was convicted for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ) and was sentenced to undergo imprisonment for life by learned Additional District and Sessions Judge, Bareilly. Such conviction and sentence were confirmed by the impugned judgment of the Allahabad High Court.

3. The prosecution version in a nutshell is as follows :

Kundan Lal (hereinafter referred to as deceased ) was resident of village Siraura in district Bareilly, was real brother of Gendan Lal, the father of the appellant Hari Ram and co-accused Paramanand. Gendan Lal had another son Hardwari. Deceased had no male issue and had only one daughter named Smt. Nanhi, who was married to Ajudhia (P.W.1). Deceased owned about 34 Bighas agricultural land, which was jointly recorded in his name and in the name of Gendan Lal, but each of them had got separated their share by mutual agreement. Deceased had given his land on crop share basis. Since deceased had no male issue, the appellant and co-accused Parmanand wanted to take his land and had also threatened him that in case he did not transfer his land in their favour, they would kill him. On 1.4.1980 at about 12.30 P.M. Parmanand again threatened deceased to transfer his land in his favour otherwise he would kill him. Deceased had lodged report of the said incident at Police Station - Bhojipura.

4. Apprehending danger to his life at village Sirura deceased had come to his daughter s house at village Ashpur and was residing there after 1.4.1980. After about a month Gendan Lal came to the deceased at village Ashpur and apologized for mistake of his sons and asked him to go to his village, but deceased refused to do so. Gendan Lal then asked him to give his land to him on crop share basis. Deceased agreed to it and gave his land to Gendan Lal. Thereafter, Gendan Lal had sent wheat of his share to deceased.

5. On 12.11.1980 i.e. a day before the date of occurrence of this case, Hardwari, brother of the appellant came to deceased at village Ashpur at about 10.00 A.M. and asked him to go to his house to take his share of paddy. Deceased agreed to it and told that he would come next day. On 13.11.1980 at about 8.00 A.M. deceased along with Ajudhia (P.W.1) and Mangli (P.W.2) started for village Siraura in a bullock cart and they reached at the Chaupal of appellant and Paramanand who asked deceased to go to Khalihan to take the paddy. Deceased proceeded to Khalihan along with appellant and Parmanand as well as Ajudhia (P.W.1) and Mangali (P.W.2). When they reached at a distance of about one furlong towards west of the village abadi in between Jwar Arhar and Jwar Patsan appellant whipped out a country made pistol from his waist and pointing towards Ajudhia (P.W.1) and Mangali (P.W. 2) asked them to go back. Due to fear Ajudhia and Mangali receded back about 8 to 10 paces. Appellant stopped deceased. Then Parmanand whipped out a sickle from his waist and inflicted injuries on his abdomen. When Ajudhia (P.W.1) and Mangli (P.W. 2) tried to raise alarm, appellant again threatened them on the point of pistol that they should not raise alarm. Deceased fell down and died on the spot. Ajudhia (P.W.1) came to Pradhan of the village and narrated the entire incident. Village people also assembled there. Thereafter they asked him to lodge report. Ajudhia (P.W.1) got prepared the report from one Niranjan and lodged the same at Police Station Bhojipura at 1.00 P.M.

6. Chik FIR was prepared by Head constable Mandan Mohan Chaubey, who made an endorsement of the same at G.D. report and registered a case under Section 302 IPC against both Parmanand and Hari Ram.

7. A charge-sheet was placed and they faced trial. The prosecution mainly relied on the evidence of P.Ws. 1 & 2 who were stated to be eyewitnesses. They were found reliable, credible and their version was held to be cogent. Accused Parmanand was found guilty of offence punis