Paragraph numbers below are the court’s original numbering, recovered from the source text.
2. Perforating injury 2" x Yz" x chest cavity almost ~nsverse in the foweth right intercosteral space anteriorly.
3. Lacerated injury V. "long across the right lip.
4. Both the incisors and one canine teeth in I got lower jaw broken.
5. Two teeth on upper left jaw and four teeth on right upper jaw broken. (Two incisors, one canine and one premolar). c
6. One abrasion Y:z'' x Y:z'' on right shoulder.
7. One abrasion l" x Y:z'' chest right side, upper part.
8. One abrasion l" x 1/4" on mid of back right side.
9. Second and fourth ribs were cut anteriorly. They were spounder to injuries Nos. 1 and 2. Intercostal muscles abo cut. Pheera cut 2 inches long at place on right side anteriorly. There was a cut in the upper lobe of the right lung, anteriorly … .3" x l" x l ". The middle lobe had abodone cut :Y." x l" anteriorly. Chest cavity was full of blood and blood clots, almost faint. Both cf.ambers of heart were empty." According to the doctor injuries Nos. I and 2 were vital caused by some sharp pointed weapon and death is due to shock, haemorrhage and injuries to vital organs. From the nature of injuries sustained by the deceased it can reasonably be said that the two fatal injuries Nos. I and 2 could be the result of attack by Bhala. The lacerated injury across the right lip, breaking of both D the incisors and one canine teeth in right jaw, breaking of two teeth on upper left jaw and four teeth on right upper jaw, abrasion found on right shoulder, abrasion found on right side chest and abrasion found on the mid of back right side could be caused by lathi.
From the nature of the injuries found on the dead body of deceased Ahmed Shah and the nature of the weapons of E assault used by accused holding lathies namely accused Uttam Pandey, Janak Das, Sanjam Pandey, Upendra Narain Pandey, Jogeshwar Manda! and Kapileshwar Manda!, and the part of the body of Ahmed Shah on which they assaulted, it may not be possible to hold that they shared common intention of causing murder of Ahmed Shah. For an inference of common intention being drawn for the purposes of Section 34, the evidence and the circumstances F of the case should establish, without any room for doubt, that a meeting of minds and a fusion of ideas had taken place amongst different accused and in prosecution of it the overt acts of the accused persons flowed out. As has been stated earlier the prosecution case itself is, they came to prevent the labourers from continuing the transplantation operation but at the spur of the G moment on account of certain lalkara being given by some of the accused persons, persons armed with weapons started assaulting the deceased.
But from mere assault even not on vital parts of the body which ultimately resulted in causing some minor injuries, it may not be sufficient to establish beyond reasonable doubt that they also shared a common intention of causing murder of deceased Ahmed Shah. In this view of the matter, the conviction H of appellants Uttam Pandey, Janak Das, Sanjam Pandey, Upendra Narain D. PANDEYv. STATE OF BIHAR [PATTANAIK, J.] Pandey, Jogeshwar Manda! and Kapileshwar Manda! under Section 302/34 A IPC for causing murder of deceased Ahmed Shah cannot be sustained and the same is set aside, instead they are convicted under Section 325/34 IPC. sentenced to undergo rigorous imprisonment for five years. It is no doubt true that there is no gun shot injury on him buf it is Dukhmochan Pandey and Sarbnarain Mishra who on being ordered by Uttam Pandey fired the guns in their hands first, whereafter all others assaulted with the respective weapons B in their hands.
That being the position, Dukhmochan Pandey and Sarbnarain Mishra also could be held liable under Section 302/34 and have been rightly convicted by the courts below. For causing death of Razaullah the following 12 accused persons have C been convicted under Section 302/34 IPC : 1. Dukhmochan Pandey A-I Shiv Narain Thakur A-3 3. Shivshekhar Pandey A-6 4. Sarabnarain Mishra A-8 5. SukJ1ram Mishra A-10 6. Saukhilal Yadav A-15 7. Naval Kishore Pandey A-17 8. Jogendra Narain Pandey A-18 9. Mahendra Narain Pandey A-21
10. Ramchandra Pandey A-25
11. Jainandan Mishra A-35
12. Amiri Lal Yadav A-46" Of these accused persons Dukhmochan Pandey was holding a Gun, Shiv Narain Thakur was holding a Gadasa, Shivshekar Pandey was holding a Gadasa, Sarabnarain Mishra was holding a Gun, Sukhram Mishra was holding a Shala, Saukhilal Yadav was holding a Shala, Naval Kishore Pandey was holding a Gadasa, Yogendra Narain Pandey was holding a Gandasa, H A Mahendra Narnin Pandey was holding a Gandasa, Ramchandra Pandey was holding and Bhala, Jainandan Mishra was holding a Bhala and Amiri Lal Yadav was holding a Bhala. Doctor, PW-32, found the following injuries on the dead body of Razaullah : "I. Incised injury 8" x Y:z'', some what elliptical in shape on lower part of back of head, just on the lower part of the accipebal bone. 2. Punctured injury'!." x W' x 414" an I" below the lobule of the left ear. 3. Perforating injury antori ….. third left inter costal space …… downwards medially. 4. Perforating injury Yi" x \4'' x abdominal cavity on men, left side, upper part. 5~Perforating injury Yi'' x Y." x abdominal cavity on abdomen, left side, front aspect. 6. Obliqu~ punctured injury 2" x 114" x I" on right am1 anteriorly. 7. abrasion Yi" x Yi" below right eye. 8. Incised 4" x Yi" x boale on left knee. 9. Compound fracture of tibia and fibula, lower third, left leg. IO. Almost round hole W' x Y." approximately x bone with lacerated markings on left leg lower part (would of entrance). 11. Lacerated injury I" x W' on the left foot below medial malicoli wound of exit. Probe was made to enter through injury No. 11, if came out through injury No. 11. Lower part of tibia and fibula were found cross bed on opening the injured part. Injury No. IO was situated anteriorly on the lower part of the left leg. 12. Lacerated injury W' x Y:z'' x l" on right leg, lower part, medially.
13. Punctured injury Yi" x 1/8" x '!."on right ankle joint anteriorly.
14. Punctured injury %" x Y." x bone on right foot anteriorly.
15. Punctured injury %" x 116" on sole of the left foot. D. PANDEY v. STATE OF BIHAR [PATTANAIK, J.) Third Rib on left side was found cut anteriorly, intercostal muscles A of the third left space was also ….. dimension as per injury No. 3 Pleura also cut for 2" in length anteriorly. Chest clot blood and blood clot, approximately a pland of the left lung cut 3" x 'lz" x I" anteriorly. Heart, chambers were empty, each, situated anteriorly and another laterally. Stomach was performed in nortolateral surface along the greater curvature size 1/6" x 1/6" x stomach cavity. Some gruel was found B inside the stomach and a little out of the stomach. Spleen was also punctured, about 1/6" in diameter on the front aspect depth being \14''. Abdominal cavity had also little ceslection of blood and blood clotal." All these injuries according to doctor were ante-mortem in nature and injuries No. I, 3, 4 and 5 were fatal.
The doctor.also stated that injuries Nos. C I and 8 could be caused by sharp cutting weapon. Injuries No. 9, IO and I I were caused by gunshot. Injuries No. 2, 3, 4, 5, 6, 12, 13, 14 and 15 caused by some sharp pointed weapon and death was due to shock, haemorrhage and injuries on the vital organs. In a case of murder where it is established by satisfactory evidence that all the accused were acting in concert and were D associated with each other in causing assault and multiple injuries were found on the deceased it leaves no room for doubt that all the accused had shared a common intention to cause death (see Aher Pitha Vajshi and others v. State of Gujarat, AIR (1983) SC 599. In view of the nature of injuries found on the dead body of deceased Razaullah and the weapons of assault in the hands of the accused, it would be difficult to hold that all of them had not shared E the common intention of killing the Razaullah which developed at the spur of the moment on being ordered by Uttam Pandey.
In fact with deadly weapons in their hands they mercilessly assaulted deceased Razaullah and as such their conviction under Section 302/34 is fully justified. So far as Criminal Appeal No. 198 of 1982 is concerned the appellants F have been convicted under Section 147 !PC and in view of number of eye- witnesses to the occurrence many of whom are injured witnesses and those witnesses having been believed by the learned Sessions Judge as well as by the High Court and while discussing their evidence in the other appeal we have also believed their testimony, we see no infirmity in conviction and G sentence passed against the appellants in this appeal, and therefore, the said appeal is dismissed. In the net result, therefore, the conviction of appellants Uttam Pandey, Janak Das, Sanjam Pandey, Upendra Narain Pandey, Jogeshwar Manda! and Kapileshwar Manda! under Section 302/34 !PC for causing murder of Ahmed H SUPREME COtJRT REPORTS [1997] SUPP. 4 S.C.R.
A Shah and the sentence passed thereunder is set aside, instead they are convicted under Section 325/34 and they are sentenced to undergo rigorous imprisonment for five years. The conviction. of other accused persons namely Dukhmochan Pandey, Kamleshwar Pandey, Jiwacch Mishra, Sarabnarain Mishra, Tapeshwar Pandey and Jainandan Mishra under Section 302/34 !PC for causing murder of Ahmed Shah and the sentence passed thereunder is B affirmed. The conviction of all the 12 accused persons, namely, Dukhmochan Pandey, Shiv Narain Thakur, Shivshekhar Pandey, Sarabnarain Mishra, Sukhram Mishra, Saukhilal Yadav, Naval Kishore Pandey, Yogendra Narain Pandey, Mahendra Narain Pandey, Ramchandra Pandey, Jainandan Mishra and Amiri Lal Yadav under Section 302/34 for causing murder of SK Razaullah and C sentence passed thereunder is affirmed. Their conviction and sentence on other counts remain unaltered.
Criminal Appeal No. 197 of 1982 is partly allowed to the extent indicated above. The conviction and sentence of the appellants in Criminal Appeal No. 198 of 1982 is affirmed. Criminal Appeal No. 198 of 1982 is dismissed. The accused – appellants who are on bail are directed to surrender to serve the balance period of sentence and in case they fail to surrender steps may be taken for their arrest to serve the sentence. R.K.S. Appeals allow~d.