important point
When an accused is convicted under Section 302 read with Section 34, in law it means that the accused is liable for the act in the same manner as if it was done by him alone.

JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellants. Before the High Court three persons had filed the appeal. During the pendency of the appeal, appellant no.2 Ram Prasad died. Therefore, the appeal was held to have abetted so far he is concerned.

3.The appellants were found guilty of having committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short ‘IPC’) and each was sentenced to undergo imprisonment for life. Appellant-Sewa Ram and the deceased-accused Ram Prasad were further convicted for offence punishable under Section 323 read with Section 34 IPC and each was sentenced to undergo RI for six months and to pay a fine of Rs.500/- with default stipulation.

4.The conviction was recorded by IV learned Additional Sessions Judge, Pillibhit, in Sessions Trial No. 249 of 1980.

5.Prosecution version as unfolded during trial is as follows :

“The complainant Shaukat Ali, son of Nathu Bux, resident of Barhara, P.S. Bisalpur, was doing service at the house of Jagan Nath, Prasad resident of village Chandpura who was related to Smt. Genda Devi, widow of Jwala Prasad Kurmi, resident of Naugamia, P.S. Bilsanda, who is hereinafter referred to as the ‘deceased’. Litigation was going on between Smt. Genda Devi and her step daughter Smt. Savitri Devi, who was living as wife of Ram Prasad of village Naugamia. On 22.8.1980, the complainant Shaukat Ali along with Jagan Nath and Smt. Genda Devi had gone to Tehsil Bisalpur in connection with the litigation and they were returning from Tehsil to village Chandpura at about 4 0 ‘clock and when they reached the outskirts of village Kangawan near the sugar cane field of Babuji at 6 ‘0 clock Smt. Genda Devi was going ahead; behind her was the complainant and behind him was Jagan Nath. Suddenly accused Ram Prasad, Sewa Ram and Parmeshwari having ‘Lathis’ in their hands and accused Sunder Lal having ‘Kanta’ in his hand suddenly came out from the sugar cane field and began to beat Smt. Genda Devi on which the complainant and Jagan Nath cried for help. Accused Ram Prasad and Sewa Ram then beat the complainant with ‘Lathis’. The complainant and Jagan Nath ran away towards the village Kangavan and the accused ran away towards east. The complainant and Jagan Nath saw Smt. Genda Devi and found that she had died in the paddy field. The accused persons had murdered Smt. Genda Devi due to enmity of litigation. Thereafter the complainant informed the residents of village Chandpura and the ‘Chaukidar’, Pradhan and other people of the village, who came with the complainant to the spot. It had fallen dark and due to fear, he at once did not come to the police station to lodge the F.I.R. and remained sitting the whole night looking after the dead body. In the next morning on 23.8.1980, the complainant lodged the F.I.R.(Ex. Ka. 3) at the Bisalpur police station. The crime was registered as crime No. 247 under Sections 302/323 I.P.C. at the Bisalpur police station and the S.O. Ram Lakhan Singh was entrusted with the investigation of the case. The details were entered in the G.D., a copy of which is Ex. Ka. 4. The I.0. along with the S.I. Sahabdin arrived at the spot and prepared inquest report (Ex. Ka. 8) of the dead-body of Smt. Genda Devi. The dead-body was sealed and sample seal was preserved, which is Ex. Ka. 11. The I.0. made spot inspection and prepared the site-plan Ex. Ka. 5. The post mortem of the dead-body of Smt. Genda Devi was conducted by Dr. V.P. Agarwal. The complainant Shaukat Ali who received injuries was also examined at the P.H.C. Bisalpur. His injury report is Ex. Ka.1. After completion of the investigation, the I.0. submitted charge-sheet against the accused persons. Finding a prima-facie case against the accused persons, they were charged under Section 302 read with Section 34 I.P.C. and Section 323 read with