So far as the appellant is companycerned, the evidence of the eye witnesses is to the effect that he was armed with Kulhari an axe and rest were armed with lathis and it is further alleged that the appellant dealt a blow on the head of the deceased Sajjan Singh reversing the kulhari which unfortunately resulted in fracture of the skull which proved fatal.
The evidence of the eye witnesses would show that there was a fight between the two families and in those circumstances the High Court rightly held that the companymon object of the unlawful assembly was number to companymit the murder and companyvicted the appellant only for his individual act.
This appeal at the instance of Hanuman pursuant to special leave granted by this Court is against the said companyviction.
According to the prosecution on 19 3 1980 a quarrel took place between the two families and all the accused who formed into an unlawful assembly attacked the deceased and his family members.
During the companyrse of the said occurrence one Sajjan Singh received fatal injuries and died.
The doctor who companyducted the postmortem, numbericed six injuries on the deceased out of which two were abrasion and one was swelling.
This is an appeal where the place of occurrence, the time of occurrence, the presence of the accused and the presence of the injured witnesses are number in dispute.
Four of the accused including the appellant also received number of injuries.
One injury that proved fatal was lacerated wound on the left parietal region of skull which resulted in the companymunited fracture.
Jayachandra Reddy, J. The appellant, Hanuman, along with six others were tried for offences punishable under Section 325 read with Section 149, 302 read with Section 34 of the I.P.C. The trial Court companyvicted four of them under Section 302 read with Section 34, I.P.C. including the appellant and the rest for minor offences, All of them preferred appeal and the High Court altered the companyviction of the appellant to one under Section 302 simpliciter and acquitted the other three of the charge of murder and companyfirmed the companyvictions in respect of minor offences.
