Judgment Pabitra Kumar Banerjee, J. 1. THE appellants have been convicted under section 302 read with section 34, Indian Penal Code and each of them has been sentenced to imprisonment for life. This appeal directed against the aforesaid order of conviction and sentence arises under the following circumstances. 2. IN the early hours of 15th March 1980, A.K. Guha, P.W. I, booking clerk of Bira Railway Station, sent a message to Babra Police Station that a dead body had been recovered in a field near the railway station. On receipt of such message, S.I. of Police A.K. Das P.W. 36, then attached to Habra P.S., rushed to Bira Railway Station platform along with force and from there to the field where he found the dead body of a young married girl, which bore stab-wound on the chest, lying in a pool of blood and some articles including a leather suit case, a. blood stained dagger and sarees scattered around. The INvestigating Officer, who had already started investigation on the statement of Timir Ghose, held inquest on the dead body, identified to be of Timir's wife Bani and sent it under the escort of constable Biswanath Ghose P.W. 34 to the S.D.M.O., Barasat for postmortem examination. Articles were seized under two seizure lists Exts. 2/1 and 3/1. During the investigation certain facts transpired on the strength of which Timir Ghose was arrested on 17.3.1980. On the following day Timir led the police to the houses of the appellants Nepal and Han at village Tangra wherefrom blood-stained trousers, one H.M.T. wrist watch, some ornaments were recovered and seized under two seizure lists Exts. 4/1 and 5/1 in presence of three witnesses. Both the appellants were placed under arrest and eventually on 21.3.1980, both of them made confessions, which were mostly in culpatory, before the Magistrate M.M. Sen P.W. 29. The confessions so recorded by the Magistrate gave a phillip to the INvestigating Officer and a new dimension to the investigation which ended in a charge-sheet, a trial and a conviction and sentence of the appellants and acquittal of the other accused Timir. As the confession aforesaid formed the basis of the conviction at the trial, it becomes necessary in the first instance, to look into the same simultaneously with the supportive facts and approved circumstances, if any, revealed during the trial. As the confession aforesaid formed the basis of the conviction at the trial, it becomes necessary in the first instance, to look into the same simultaneously with the supportive facts and approved circumstances, if any, revealed during the trial. Law is well settled that a confession in order that it can be accepted as a relevant fact must be voluntary and true. It however needs close scrutiny and unbiased assessment. We can read the ratio from the cases of Bhula Kiron Koiri v. State, Debendra Prasad v. State of U.P. and Kehar Singh v. State (Delhi Admn.). Reference may also be made to the latest Bench decision of this Court reported in 1991 Cr. L.R. (2) 121, wherein the principles emerging out of the aforesaid decisions were considered. Let us now examine in the first instance whether the confession made by both the accused-appellants was voluntary or not. It appears that on 19.3.1980 both the appellants along with Timir were produced before the Magistrate from the police custody and accordingly the Magistrate remanded them to judicial custody with instructions to keep them in segregation. On the following day, that is on 20.3.1980 all the three accused were produced before the Magistrate from judicial custody. Timir declined to confess the other two (appellants) took time for reflection. On 21.3.1980 the appellants were again produced from judicial custody and each of them made a confession one after another which was recorded separately with the separate endorsements by the Magistrate. From the endorsements marked exhibits 8/1 and 9/1 it is evident that due caution was given to the appellants as required under the law. Two questions put by the Magistrate and the answers given by the accused- appellants are suggestive of the voluntary nature of the statements. To the question as to whether the decision to make the confession was the result of any police threat or coercion or any allurement, the answer was in The negative. The next question as to why the accused were making the confession was answered by both of them in this way, we have committed sin, some must confess. At the trial neither the Magistrate P.W. 29 nor the Investigating Officer, P.W. 36 was confronted with any suggestion that the accused were threatened or tortured before the confession. It is only during their examination under section 313, Cr. At the trial neither the Magistrate P.W. 29 nor the Investigating Officer, P.W. 36 was confronted with any suggestion that the accused were threatened or tortured before the confession. It is only during their examination under section 313, Cr. P.C. that the appellants alleged that the confession was the result of police threat and coercion. Upon consideration of the fact that sufficient time was allowed for reflection and having regard to the situation that the determination of the makers was not shaken even after the co-accused Timir declined, we are satisfied that the confession by the appellants was voluntary and we refuse to take note of the delayed retraction. It is to be ascertained next whether there was any truth in the confession itself. Appellant Nepal confessed that he was a friend of Timir and that he attended his friends marriage. Few days after his marriage Timir met Nepal and complained that the girl who was given in marriage was not the girl shown to and approved of by him earlier before the marriage. Timir divulged that he would kill his wife. Both Monimala, P.W. 15 and Purnima P.W. 16 have deposed that during her visits to her father's place twice after the marriage Bani had complained that she was not loved by her husband. 3. TWO days prior to the incident Timir came to village Tangra and met the appellants Nepal and Han where in one sitting it was decided that on Friday next Nepal and Han would meet Timir and his wife near Bejoya Cinema, Barasat. Accordingly Nepal and Han went to Barasat near Bejoya Cinema and met Timir and his wife wherefrom they moved to Sarama Cinema. 4. FROM the evidence of Bani's father, Bholanath, P.W. 14, we find that on the 30th Falgoon, which was a Friday, at about 4.30 P.M. Timir and Bani together left Bholanaths house and boarded a bus at Kamir, Khamarpara. Bani had a leather suitcase in her hand. In the same evening Jair Ali, P. W. 12 and Abdul Malik, P. W 17, saw Timir and his wife, who were known to the witnesses from before, in the company of two unknown persons at a tea-stall near Sarama Cinema Hall. At the trial Nepal and Han have been identified as those two unknown persons who were seen with Timir and his wife that evening. At the trial Nepal and Han have been identified as those two unknown persons who were seen with Timir and his wife that evening. The credibility of these two witnesses could not be shaken during cross-exam ination. The confession concludes in this way. The cinema show was over at 10 P.M. All the four persons, namely,- Timir, Bani, Nepal and Han reached Bira railway station from Hridaypur by a train and as per Timir's previous instruction they moved through the field near the railway station, when all of a sudden Timir held his wifes neck and fell her down. At the call of Timir, Nepal rushed and held Banis neck firmly and Timir stabbed his wife on the chest. Han was all along standing near that place with the leather suit case in his hand. 5. THEREAFTER, Timir took off the ornaments from his wifes person and handed over the same and also his wrist watch to accused Han. As instructed by Timir, Nepal and Han tied Timirs hands with a rope anritore of this shirt. THEREAFTER leaving Timir and his wife in that state Nepal and Han returned to the village by a bicycle. P.W. 19, Biswanath Karmakar who has a cycle repairing shop near Bira rail way station and his wife Shefali Karmakar, P.W. 20, have stated that on that date Nepal had kept a bicycle in their shop from 3 P.M. to 11 P.M. Nepal, a milk vendor, had kept his bicycle in that shop on previous occasions. The finding of the post-mortem doctor, P.W. 30 that the stab injury found on the chest of the deceased with marks of nails on the face and breast fits in with the manner of assault as stated by both the appellants in their confession. The leather suit case, exhibit-I and some of the contents including sarees and blouses of Bani found near the place where Bani was murdered is consistent with the statement of Bholanath Ghosh, P.W. 14 that Bani was taking a leather suit case at the time she left her fathers place with Timir. The blood-stained dagger with which Timir is stated to have stabbed his wife was left by the side of the deceased and the post-mortem doctor has opined that stab injury ante-mortem after multisided, was possible with the help of such a dagger. The blood-stained dagger with which Timir is stated to have stabbed his wife was left by the side of the deceased and the post-mortem doctor has opined that stab injury ante-mortem after multisided, was possible with the help of such a dagger. Empty ornament case with the inscription Maya Jewellers also suggests that Bani was carrying the necklace in the case and the necklace was taken out by Timir and handed over to Han. The nail marks on Bani's face and breast suggest how she was held and gagged before murder. 6. SOME vegetable vendors including P. W. 4, Gani Mondal, P.W. 5 Hamid Munshi and P.W. 9, Ayub Mondal, got down at Bira railway station at about 10.45 P.M. that night and while they were proceeding along the railway track they were attracted by the screams of a young man who was found to have been tied up with rope near the railway track. There was no mark of injury on the person of that man, who was later identified as Timir Ghosh. This part of the confession is also consistent with the statements of Nepal and Han that they left Timir tied up with a rope near the railway track as per his instruction. The dead body of Bani was discovered by P.Ws. 9 and 10 at a distance of 70/80 yards from the railway station towards West. On 18.3.1980 Timir led the Investigating Officer, P.W. 36 to the houses of Nepal and Han at Tangra. At first, Nepals house was searched and his sky-blue coloured trousers stained with blood, exhibit VI and one and bicycle were recovered and seized from his house under the seizure list, exhibit 4/1 in presence of P.Ws. 21, 22 and 23. P.W. 28, Haridas Mitra, Senior Scientific Officer, Forensic Science Laboratory has proved the Chemical Examiners Report, exhibit-7 which shows that the blood-stain found on the trousers was of human blood. The Investigating Officer next searched the house of Han and seized one H.M.T. wrist watch exhibit-III, one gold necklace, six gold plated churis with bronze base, a pair of earings Ext-II collectively and money bag under a seizure list exhibit 5/1 in presence of P.Ws. 21, 22 and 23. The ornaments were kept in the moneybag and concealed in the ventilator which was covered with straws. 21, 22 and 23. The ornaments were kept in the moneybag and concealed in the ventilator which was covered with straws. Banis mother P.W. IS, Monimala Ghosh, and aunt P.W. 16 Purnima Ghosh and P.W. 35, Satya Ranjan Sarkar, proprietor of Maya Jewelers who had manufactured the gold ornaments, exhibits II collectively, have identified the ornaments as belonging to the deceased Bani Bala Ghosh. Bhola Nath Ghosh, P.W. 14 and Monimala Ghosh, P.W. 15 have also identified the ornaments in T.I. Parade of articles held on 18.3.1980 in presence of P.W. 26, Kanchan Ghosh and P.W. 27, Ratan Kumar Sarkar. It may be recalled that the empty ornament case had the inscription of Maya Jewellers. The entire story as to how Bani Bala Ghosh was murdered and her ornaments were taken out and how the same along with the wrist watch were handed over to Han have been fully corroborated by approved circumstances leading to the seizure and identification of the articles. Swapan Ghosh P.W. 24 has stated in his evidence that the H.M.T. wrist watch exhibit-III belonged to him and it was lent to Timir on 29th Falgoon, but it was never returned to him. Gopal Chandra Kapalik, P.W. 25 has confirmed that the wrist watch material exhibition was presented by him 1.0 P.W. 24. Upon scrutiny of the confession vis-a-vis the supportive evidence and approved circumstances we are fully convinced that the confession made by both the appellants was true. 7. IT has been argued on behalf of the appellants that the appellant Han did not commit any overt act concerning the murder and consequently, he should not be hauled up on a charge of murder by introducing section 34, Indian Penal Code. IT appears from Hari's confession that he took out some churis from the arms of Bani. Moreover, it is the confession of both the appellants that Han was standing nearby with the leather suit case in his hand while the murder of Bani was being committed. IT appears from Hari's confession that he took out some churis from the arms of Bani. Moreover, it is the confession of both the appellants that Han was standing nearby with the leather suit case in his hand while the murder of Bani was being committed. The meeting between Timir, Han and Nepal a couple of days before the incident, Nepal and Han attending the Sarama Cinema Hall and all of them proceeding towards the field near Bira railway station where the murder was committed, taken together lead to an irresistible conclusion that the appellant Han, even if he did not actually participate in the commission of murder, was a party to the conspiracy and from before the offence was committed it was within his knowledge that Bani was going to be murdered and in this way he shared the common intention with appellant Nepal and accused Timir, since acquitted, in committing the murder of Bani. Appellant Han was cognizant of the intention of his companions to commit the murder. No distinct offence is created by this section; only a principle of liability is laid down therein. In order to justify the application of section 34, an clement of participation in action need be proved. Physical presence at the scene of occurrence may sometimes be dispensed with, but there must be common consent which implies acting in consent. IT has now been well settled that the expression criminal act, appearing in section 34 includes a series of acts which might have been done by several persons, but all these acts must be done in pursuance of a common intention. First the facts discussed above common intention on the part of appellant Han can be legitimately inferred and thus section 34, I.P.C. comes in. The conviction under section 302/34, I.P.C. can very well be sustained. 8. BEFORE parting with the judgment we would like to make brief comments on the manner of the acquittal of Timir Ghose. The learned trial Judge, R.N. Patra was obliged to let off the schemer of the entire episode by giving him the benefit of the doubt, and that too without assigning cogent reasons. Still, as no appeal has been preferred against the order of acquittal, we refrain from entering into the controversy further. In the light of all that has been stated above, the order of conviction and sentence impugned is upheld. Still, as no appeal has been preferred against the order of acquittal, we refrain from entering into the controversy further. In the light of all that has been stated above, the order of conviction and sentence impugned is upheld. The appeal is dismissed and both the appellants are directed to surrender to their bail bonds forthwith. Lower court records be sent down at once. Appeal dismissed.