JUDGMENT U.K. Varma, J. 1. The First Additional Sessions Judge, Meerut in the Sessions Trial No. 302 of 1978 had convicted Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Ram Vir Bhanwar Singh and Harendra under sections 302/307 read with section 149 IPC. He further had convicted Ram Phal, Ram Bhajan, Harendra and Bhanwar Singh under section 148 IPC and Ziley, Ram Kishan and Ram Vir under section 147 IPC. AH the appellants under section 302 read with section 149 IPC had been sentenced to rigorous imprisonment for life and under section 307 read with section 149 IPC, to seven years rigorous imprisonment. The accused Ram Phal, Ram Bhajan, Harendra and Bhanwar Singh each had been awarded a sentence of two years under section 148 IPC and Ziley, Ram Kishan and Ram Vir each had been awarded a sentence of one year under section 147 IPC. The accused Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Bhanwar Singh and Harenda aggrieved by the Judgment and order of the Additional Sessions Judge filed the criminal appeal No. 1763 of 1979 and Ram Vir aggrieved thereby filed the criminal appeal no. 2007 of 1979. Both these appeals had been heard together. 2. The uncontroverted facts are that the report Ext. Ka-1 had been lodged in the Police Station Binauli at 9.15 A.M. on 3-5-78 and thereupon the check report Ext. Ka-4 was prepared and by the G. D. entry Ext. Ka-5, this case had been registered against the appellants under sections 302/307/ 324/323 read with section 149 and under sections 148 and 147 of the Indian Penal Code. It has also not been assailed that before the above report had been lodged Virendra s/o Kabool had died on account of the injuries inflicted and Daya Nand, another son of Kabool too was in a, 'critical condition for having been severely battered and the informant Kabool had also reached the Police Station with several wounds on his person. The post mortem examinations of Virendra had been done at 3.30 P.M. on 4-5-78 by Dr. R. D. Sharma PW 7 and his report Ext. Ka-6 shows Virendra to have sustained the following ante mortem wounds 1. Lacerated wound, 6 cm x 2 cm x bone deep on right side head, 8 cm above the right ear. 2. Traumatic Swelling, 6 cm x 3 cm on left side head just above the left ear. R. D. Sharma PW 7 and his report Ext. Ka-6 shows Virendra to have sustained the following ante mortem wounds 1. Lacerated wound, 6 cm x 2 cm x bone deep on right side head, 8 cm above the right ear. 2. Traumatic Swelling, 6 cm x 3 cm on left side head just above the left ear. 3.Three incised wounds in an area of 7 cm x 5 cm on the outer aspect of right upper arm lower part, each measuring between (1.5 and 2) x 1 cm x bone deep. 4. Multiple abrasions in an area of 18 cm x 6 cm on the back of right forearm middle half. 5. Lacerated wound 3 cm x 1.5 cm x bone deep on the dorsum of right hand middle part with fracture of metacarpal bone underneath. 6. Incised wound, 2 cm x 1 cm muscle deep on the outer aspect of right leg middle. 7. Incised wound 1 cm x 1 cm x bone deep on the front of right leg middle part. 8. Incised wound, 2,5 cm x 1 cm x bone deep on the front of left leg middle part. 9. Multiple contusions in an area of 15 cm x 10 cm on the right buttock. 10. Abrasion 3 cm x 2 cm on the right front of chest upper part. 11. Incised wound 1.5 cm x 0.5 cm x muscle deep on the palmer aspect of right finger middle phalynx. 12. Incised wound 1 cm x 0.5 cm x muscle deep on the outer part of the right hand. Dr. Sharma opined that the death of Virendra had been caused as a result of shock and haemorrhage on account of the above injuries His statement In this regard that the injuries were sufficient to cause his death had not been challenged. The injuries further were very much more in number than Just twelve. The medical examination of Daya Nand had been done by Dr V. Sinha PW 3 at the Primary Health Centre, Binauli at 945 A.M. on 3-5-78. He in his report Ex. Ka-2 found him to have sustained the following Injuries 1. Swelling size 14 x 12 cm on the dorsum of right hand all over. 2. The medical examination of Daya Nand had been done by Dr V. Sinha PW 3 at the Primary Health Centre, Binauli at 945 A.M. on 3-5-78. He in his report Ex. Ka-2 found him to have sustained the following Injuries 1. Swelling size 14 x 12 cm on the dorsum of right hand all over. 2. Abrasions four size 2 cm x 1.2 cm x 1/6 cm, 2 x 1/6 cm and 1 x 1/6 on the dorsum of right hand below carpo phalageal joints in the area of 5 cm direction oblique. 3. Lacerated wound 2 1/2 x skin deep, 1 1/2 cm below the right index finger direction transverse oblique. 4.Lacerated wound 2 1/2 x 1 1/4 cm x skin deep, orescent shaped on the lateral side of forearm, 17 cm below the elbow joint (righ side). 5. Swelling 15 x 12 cm below the right elbow joint, on the lateral anteriopostior sides Advised X-ray for suspected fracture on underlying bone. 6. Lacerated wound 2 1/2 x 1 x skin deep on the posterior side of right arm 5 cm above the elbow joint. 7. Pentrating wound size 2x1/2x3 cms, 4 cms above injury no. 6 margins inverted triradially cut margin. 8. Swelling 10 x 7 cm on the dorsum of the left hand. 9. Abrasions two at distance of 1 cm with each other size ring finger on the dorsum. Direction vertical. 10. Abrasions two 1/2 x 1/2 and 1 x 1.2 cm apart to each other 3 and 5 cm above the injury no. 9, soft scab. 11. Abrasion 2 x 1/2 cm 10 cm below the left knee joint, 2 cm medial to tibia bone soft scab. 12. Penetrating wound size 11/2x1 x 2 1/2, 7 cms posterior to the root of left great toe on the anterlo-medio aspect dorsum of foot, mragins are everted and cut triradially. 13. Lacerated wound 1 x 1/4 cm x skin deep at the root of left great toe on the dorsal surface direction transverse. 14. Lacerated wound 3 1/2x1 1/2 cm x muscle deep, on the anterior aspect of right leg, 7 cms above the right ankle joint, direction vertical oblique. 15. Swelling 25 cm x 35 cm circumference in the middle, spindle shaped, around the right leg, advised X-ray for suspected fracture or under- lying bone. 16. 14. Lacerated wound 3 1/2x1 1/2 cm x muscle deep, on the anterior aspect of right leg, 7 cms above the right ankle joint, direction vertical oblique. 15. Swelling 25 cm x 35 cm circumference in the middle, spindle shaped, around the right leg, advised X-ray for suspected fracture or under- lying bone. 16. Contusion 7x3 cms on the right leg, on the anterio lateral aspect 7 cms below the right joint colour red. Direction oblique transverse. 3. Dr. Sinha opined all the injuries to be simple excepting 5 and 15 for which he advised X-ray. The injuries nos. 1, 3, 4, 5, 6, 8, 13, 14, 15 and 16 he presumed had been caused by blunt object, injuries nos 2, 9, 10, 11 by rubbing and injuries nos. 7 and 12 by pointed and sharp edged weapon. The duration had been found fresh. The number of injuries sustained by Dayanand were obviously far more than just sixteen. DR. Sinha in his statement had given out that as Daya Nand was in a bad condition, he was immediately sent to P. L Sharma Hospital at Meerut where better medical facilities were available. He with regard to the limitations of his own Btnauli Primary Health Centre pointed that there was no X-ray plant and indoor treatment facility. 4. Daya Nand succumbed to his injuries at 6 33 P.M. on 6-5-78. His post mortem report is Ext Ka-22 The injuries noted in the post mortem report of Dr. Om Prakash Sharma CW 1 tally with those of the medical report Ext. Ka-2. The post mortem report in addition gives out that there were the fractures of (i) Rt. ulna near wrist (ii) Rt. Index finger (iii) Right fibula (iv) Right foot middle underneath index tissue and (v) 1st Meta tissue under the left dorsum. Dr. Om Prakash Sharma CW 1 in the post mortem report had recorded that "huge blooding was present under the skin of the whole leg." He was of the view that the death of Daya Nand had been caused as a result of shock and haemorrhage on account of the injuries in his right leg. The medical examination of Kabool-informant PW 1 had also been done by Dr. V. Sinha PW 3 soon after the medical examination of Daya Nand at 10.45 A.M. on 3-5-78. The report of Dr. V. Sinha Ext. The medical examination of Kabool-informant PW 1 had also been done by Dr. V. Sinha PW 3 soon after the medical examination of Daya Nand at 10.45 A.M. on 3-5-78. The report of Dr. V. Sinha Ext. Ka-3 shows him to have sustained the following injuries : 1. Contusion, 11 cm x 2 cm on the posterior side of left arm, transversely oblique, 19 cm above the left elbow joint (colour red). 2. Contusion 12 x 13 cm on the lateral side of left forearm and arm directed vertical oblique, colour red. 3. Contusion 4 x 2 cm on the dorsum of left forearm over ulna bone, 11 cms above the left wrist joint. 4. Swelling 11 cm x 7 cm on the dorsum of left hand. 5. Abrasion, size 1 x 1/2 cm, 4 cm below the left middle finger, soft scab. 6. Contusion, 11 x 3 cm over the left scapula bone direction transverse oblique, colour red, 7. Contusion 19 x 5 cm on the left lateral side of the abdomen, 12 cms above the atn. sup. Illiac spine, direction vertical oblique colour red. 8. Contusion, 17 x 3 cm on the back crossing the mid line, direction transverse oblique, 12 cms above the hip bone, colour red. 9. Contusion, size 6 x 4 cms over the right shoulder anterio posterior oblique, colour red. 10. Contusion, size 5 cm x 2 cm 10 cm below the right shoulder on the arm on the lateral side oblique, colour red. 11. Incised wound, 2 cm x 1/2 x skin deep, 7 cms below the left knee joint direction vertical in the middle line. 12. Lacerated wound 4 cm x 1 cm skin deep, 10 cm below the right knee joint. Vertical oblique on the anterior aspect. 5. According to Doctor Sinha all the injuries were fresh and simple. He opined that the Injuries Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10 and 12 were caused by blunt object, the injury no. 5 as a result of robbing and the injury no. 11 by a cutting object. The number of injuries of Kabool also was more than twelve seeing to the width of some of his injuries. 6. The appellants other than Bhanwar Singh admitted that prior to the incident in question the appellant no. 1 Ziley Singh and his sons the appelRs.lants nos. 11 by a cutting object. The number of injuries of Kabool also was more than twelve seeing to the width of some of his injuries. 6. The appellants other than Bhanwar Singh admitted that prior to the incident in question the appellant no. 1 Ziley Singh and his sons the appelRs.lants nos. 2 to 4 Ram Phal, Ram Bhajan and Ram Kishan and the appellant no. 6 Harendra s/o. Mahabir had been prosecuted for allegedly assaulting the informant Kabool and the deceased Daya and that at the time of the Incident the informant Kabool his four sons, two brothers and a nephew were being tried at the instance of Ziley and Ram Phal appellants and others. The prosecution case briefly stated is that about 6.00 A M. on 3-5-78 when Kabool and Daya Nand were engaged in crushing sugarcane at their Kolhu and Virendra was cleaning the Kadaha, the appellants Ziley, Ram Kishan and Ram Vir armed with lathies Ram Phal and Ram Bhajan with ballams, Harendra with bhala and Bhanwar Singh with tabal arrived. Zlley and Ram Phal exhorted that all the three of them should be killed and they thereupon immediately started the assault with the weapons they were carryRs.ing In their alarm Ashey s/o Tika Ram, Mahendra s/o Abhay Ram, Mahendra s/o Radha and Vishnu s/o Hardeva arrived. The appellants leaving them half dead made good their escape. Brahmane, Mahendra, Chandra Pal, Shyam Singh, Ganga Charan and others of the village took the three injured to the Government Primary Health Centre, Binauji Virendra by the time he reached the hospital had died. Kabool leaving his dead body there and also Daya Nand in a precarious condition went to lodge the report. 7. The Investigating Officer Tilak Raj PW 9 pointed that after recording the statement of the Head Moharrir, he rushed to the hospital where he examined Kabool. He found Daya Nand in a bad condition. The dead body of Virendra was also lying there at the Primary Health Centre.. With the aid of the panches appointed, he prepared his inquest report and also the documents Exts. Ka-10 to Ka-12 and sent his dead body for post mortem examinations. He. thereafter, pointed to have gone to the scene of occurrence and prepared the site plan Ext Ka-13 with the help of the witnesses. With the aid of the panches appointed, he prepared his inquest report and also the documents Exts. Ka-10 to Ka-12 and sent his dead body for post mortem examinations. He. thereafter, pointed to have gone to the scene of occurrence and prepared the site plan Ext Ka-13 with the help of the witnesses. He vouched to the fact that he found blood there which he collected along with the earth underneath. He also stated to have noticed blood on the crushed sugarcane and on the nearby growing grass. He proved the recovery memos Exts. Ka-14 and Ka-15 with regard to the same. He further pointed to have searched the houses of Ziley Singh, Ram Phal, Bhanwar and Harendra marked Exts. Ka-16 to Ka-19 respectively but found neither any Incriminating material nor any of the accused. On 5-5-78, he stated to have Rone to the District Hospital at Meerut to record the statement of Daya Nand but finding his condition to be difficult could not record his statement. He collected blood stained clothes of Daya Nand on 6-5-78 and prepared the recovery memo Ext. Ka-20. The investigation of the case had been taken over by the Station House officer Satya Vir thereafter. He proved the charge-sheet Ext. Ka-21 which he had submitted. 8. The prosecution examined the injoried informant Kabool PW 1 and the witnesses Vishnu PW 2 and Ashey PW 4 named in the first inforRs.mation report. Kabool PW 1 corroborated the allegations in the first Information report. In the cross-examination, it had been suggested to him that he and his sons had offended many persons who could have assaulted them. Kabool expressed ignorance about the suggestion that Virendra had abducted the daughter of Laloo Singh or had assaulted Umrao S/o Tika or Ramesh S/o Chandan or that Surti and Vijay Pal had beaten Virendra and Om Prakash or that Virendra was a witness against Raje or that any case had been decided by the Panchayat against Daya Nand and Virendra wherein Ram Phal appellant had appeared as a witness against them or that Virendra was also a witness in a theft case against Chaubal Singh, Ram Kishore and Mukhta. He, however, admitted that there was a quarrel between Daleep S/o Kalloo and Virendra and Daya Nand but the same had been compromised. He, however, admitted that there was a quarrel between Daleep S/o Kalloo and Virendra and Daya Nand but the same had been compromised. He also did not deny that Surendra had lodged a report against him Daya Nand and Virendra that they had looted his watch and that it was on the land of this very Surendra that Kolhu had been fixed. He also acknowledged that Harendra s/o Vijay Pal had lodged a report against him and his sons for llegally harvesting his crop but pointed that the said report was false as the crop had been sown by him on land which Chandra Pal had given to him for cultivation. Vishnu PW 2 gave out that he had been cutting the sugarcane crop of his sister-in-law's field and on listening to the furore went towards the Kolhu of Kabool and saw the deceased Virendra and Daya Nand and the informant Kabool being assaulted by Ziley, Ram Krishan and Ram Vir with lathies. Ram Phal and Ram Bhajan with Ballam, Harendra with bhala and Bhawar with Tabal. He and the other witnesses raised alarm and questioned the accused whether they had all decided to cause their death, and they thereafter leaving the injured went to the west of the place of occurrence. He also affirmed that sufficient blood had oozed out of the injuries of the three and that Virendra and Daya Nand had become unconscious. In the cross-examination he stated that he did not know as to how the Investigating Officer in his statement under section 161 CrPC. had shown him to have given out that at the time of the incident he was cutting the sugarcane crop of his own field and not of the field of his sister-in-law. He explained how he had been assisting in the cultivation of the field of his sister-in-law. He could not say whether the injured even after their fall had been assaulted with Bhala and Ballam and who amongst the accused had been assaulting which injured. He denied that on the complaint of the appellant Bhanwar, he had been sent to jail for charging excessively in respect of the dead brought to the cremation ground. 9. He could not say whether the injured even after their fall had been assaulted with Bhala and Ballam and who amongst the accused had been assaulting which injured. He denied that on the complaint of the appellant Bhanwar, he had been sent to jail for charging excessively in respect of the dead brought to the cremation ground. 9. Ashey PW 4 pointed that while he was going to serve the call of nature towards his field, be heard the cries from near the Kolhu of Kabool When he reached there with Mahendra whom he had met on the way, he saw all the appellants assaulting Kaboo, Daya Nand and Virendra near their cattle shed. Ram Phal and Ram Bhajan were carrying Ballam, Harendra was having a Bhala Bhawar a fabal and the remaining three accused were having Lathies. The three injured on sustaining the injuries fell down but the accused inspite of it continued to assault. He saw the blood which had fallen at the scene of occurrence. The accused on the arrival of the witnesses were shown to have fled away towards the jungle. In the cross-examination he stated that two days before the incident he had noticed Ram Kishan using the Kolhu and a day before it, he had seen Chena making use of it. He expressed inability to state as to why the Investigating Officer had not noted in his statement under section 161 CrPC that the accused bad continued to batter the injured even after they had fallen. He also could not explain as to how the Investigating Officer had shown him to have pointed out that the accused fled away when on the alarm raised many persons had reached the scene of occurrence In the cross-examination, at the instance of Bhanwar, he conceded that his living and eating habits were different from the other appellants. He was a witness for Kabool in the case relating to 'marpit' between him and Ram Phal. He further acknowledged that in a case between Kabool informant and Chandrapal and Niranjan Singh Pradhan with whom Bhanwar was connected, he bad appeared as a witness for Kabool. 10. He was a witness for Kabool in the case relating to 'marpit' between him and Ram Phal. He further acknowledged that in a case between Kabool informant and Chandrapal and Niranjan Singh Pradhan with whom Bhanwar was connected, he bad appeared as a witness for Kabool. 10. The accused other than Bhanwar in their statements had pointed that they had been falsely Implicated on account of enmity- Bhanwar stated that he had been falsely roped in this case as his brother Tejpal and his uncle Niranjan had appeared as witnesses against Kabool. The accused did not lead any oral evidence in defence. We have gone through the evidence on record carefully. There can be no doubt that lathies Ballams and bhala had been used in the assault of the deceased Virendra and Daya Nand, and the injured Informant Kabool too had been assaulted with lathies and a sharp weapon such as ballam. Virendra had sustained 8 incised wounds. Five of them measured 15 cm to 2 cm in length, I cm in width and they were ail bone deep. One of his incised wounds in length was noted to be 2.5 and another was shown to have a length of 1 cm and a width of .5 cm. In the medical report of Daya Nand also we find penetrating wounds of different sizes. Kabool PW 1 was shown to have sustained merely one incised wound measuring 2 cm x 1/2 cm x skin deep. The injures of Virendra 'and Kabool though described to be incised seem to have been caused by bhala and ballam because of their peculiar and indentical length and width and also depth There is no improbability at all in the above 11 incised and penetrating injuries having been caused by three persons wielding bhala and ballam it was as well possible that some of the lacerated wounds had as well been caused by bhala or ballam. We, however, while dealing with the injuries cannot lose sight of the fact that none of the Injured had sustained any such injury which naturally could be said to have been Inflicted by a heavy cutting weapon such as tabal. We, however, while dealing with the injuries cannot lose sight of the fact that none of the Injured had sustained any such injury which naturally could be said to have been Inflicted by a heavy cutting weapon such as tabal. It was got unjustifiably argued that had tabal been employed in the assault, the injuries would have been much longer in length and bones also were likely to have been out and severed We then find that Bhanwar who was said to have inflicted the injuries by tabal had no direct enmity with any of the deceased or Kabool informant. "She prosecution witness Ashey had admitted the fact that ways of Bhanwar were different from the remaining accused. No such evidence had been led by the prosecution that Bhanwar had been moving about with the remaining accused and sharing their pains and pleasures. Bhanwar does not appear to us to have had also adequate motive to commit the crime in question. We feel that in view of the above circumstances Bhanwar could not safely be held to have participated in the crime in question. 11. So far as the remaining accused are concerned, the position is different. They had adequate motive to assault the deceased Virendra and Daya Nand and also Kabool. It was very unlikely that the informant Kabool would have exonerated the real assailants and implicated the accused although they had not actually assaulted. The contention of the counsel for the appellants about the incident having taken place in the night further does not seem to be correct because Kabool would not have wasted time and must have tried to reach the hospital so that his unconscious injured sons were provided medical attention necessary for saving their lives. The Investigating Officer and the witnesses had deposed that they saw blood on the Khoi (crushed sugarcane waste). If the incident had taken place else- where perhaps the dead and the injured might not have been as defenceless as they were at the time of the incident. There is no improbability about Vishnu PW 2 reaching the scene of occurrence from his sister-in-law's field and Ashey PW 4 arriving there while going to ease himself. The accused could not show that Vishnu bad any motive whatsoever to falsely depose against Ziley, Ram Phal, Ram Bhajan, Ram Krishan, Harendra and Ram Vir. There is no improbability about Vishnu PW 2 reaching the scene of occurrence from his sister-in-law's field and Ashey PW 4 arriving there while going to ease himself. The accused could not show that Vishnu bad any motive whatsoever to falsely depose against Ziley, Ram Phal, Ram Bhajan, Ram Krishan, Harendra and Ram Vir. SO far as the prosecution witness Ashey is concerned, he too could not be shown to be really inimical to the accused. There is further no unnaturalness in the testimony of Vishnu PW 2 and Ashey PW 4 as could shake their testimony. The appellants Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Harendra and Ram Vir had been convincingly established to have assaulted Virendra and Daya Nand which had resulted in their death. The informant Kabool, there also can be no doubt, had been very severely battered. The only question which remains to be answered is whether the|e accused had justifiably been convicted u/Sec. 302 read with section 149 IPG or were merely liable to be convicted u/Secs. 325 and 324 read with section 149 IPC or under Section 304 part II. The prosecution, indeed, has not led evidence to show as to who had caused the head injuries to Virendra resulting in the fracture of the parietal and occipital bones. It also does not follow from the medical and postmortem reports of Daya Nand that the assailants had aimed at any vital part of his body. The learned counsel for the appellants Sri G. Chaturvedi cited the case of Darbara Singh v. State of Haryana, JT 1992 (2) SC 580, to show that the Supreme Court although thirteen injuries had been caused to a person had convicted the two accused to whom injuries were attributed on non- vital parts merely under Part 11 of Section 304 IPC and argued that as such the case against none of the appellants travelled beyond Part II of Section 304 when it could not be said as to who had inflicted those injuries which had caused the death of Virendra and Daya Nand. If the contention of the counsel for the appellants was to be accepted, it would follow that no charge u/Sec. 302/149 IPC could be held proved against a person who had not inflicted the injury resulting in death. This is not the law. If the contention of the counsel for the appellants was to be accepted, it would follow that no charge u/Sec. 302/149 IPC could be held proved against a person who had not inflicted the injury resulting in death. This is not the law. On the facts of that case common intention to murder had not been proved and it bad merely been established that injuries as were likely to cause death had been inflicted by the two held guilty under Part II of section 304. Even a person who had not actually assaulted could be held guilty under section 302 read with section 149 IPC if he was a member of the unlawful assembly, the common object of which was to murder. We have pointed above that Virendra had been caused many more injuries than 12. Similarly, there were swellings in areas of 14 cm x 12 cm and 15 cm x 12 cm above and/below the elbow-of the right band of Daya Nand. On his left hand also there had been swellings in an area of 12 cm x 7 cm. In the right leg the swellings had been noticed in an area of 25 cm x 35 cm. The Doctor who had conducted his post mortem examination bad found blood present under the skin of the whole leg. He had not hesitated to conclude that death had been caused due to shock and haemorrhage on account of the injuries to his right leg. The medical and the post mortem reports of Daya Nand unmistakably show that innumerable lathi blows had been inflicted on Daya Nand. Simply because no lathi was shown to have landed on any vital part of the body of Daya Nand it could not be said that his death could not have been Intended. In Brij Bbukban v. State of Uttar Pradesh, AIR 1957 SC 474 , it had been held that even if none of the injuries by itself was sufficient in the ordinary course of nature to cause the death, cumulatively they could be sufficient in the ordinary course of nature to cause his death and conviction under section 302 read with section 149 IPC was maintained. In Anda v. State of Rajasthan, AIR 1966 SC 148 , also it had been held that where there was sufficiency of Injuries as could cause death, the intention of all to murder could be presumed. In Anda v. State of Rajasthan, AIR 1966 SC 148 , also it had been held that where there was sufficiency of Injuries as could cause death, the intention of all to murder could be presumed. The medical evidence particularly the statement of Dr. Om Prakash CW 1 leaves no room for doubt about Daya Nand having died as a result of the Injuries inflicted. Besides from the conduct of the accused in repeating blows after blows, it follows that they had come determined to cause the death of Virendra, Daya Nand and also Kabool, who too had been inflicted a very large number of injuries. It was as well not ruled out that the accused while inflicting the numerous injuries had taken care to avoid striking the vital parts of the bodies of Daya Nand and Kabool and yet intended to cause their death. Simply because Vishnu PW 2 gave out that the accused went away after he had asked them whether they would not stop till they had killed the injured could not lead to the inference that the injuries had been inflicted on Virendra, Daya Nand and Kabool without intending to cause their death. The Investigating Officer denied that Vishnu PW 2 had given any such statement to him that he had put such a question to the accused. The accused Ziley, Ram Phal Ram Bhajan, Ram Kishan, Harendra and Ram Vir from their conduct do seem to have been members of the unlawful assembly, the common object of which was to murder Virendra Daya Nand and Kabool. It was as such not necessary for the prosecution to show as to who amongst them bad caused the head injuries to Virendra which proved fatal. All these six accused, therefore, had justifiably been convicted under section 302 read with section 149 IPC in respect, of the murder of Virendra and Daya Nand and under section 307 read with section 149 IPC for having caused injuries to Kabool with the object of causing his death. The accused Ram Phal, Ram Bhajan and Herendra further had rightly been convicted under section 148 IPC and Ziley. Ram Kishan and Ram Vir under section 147 IPC. The sentences awarded to these accused for the above offences do not warrant any interference. 12. The accused Ram Phal, Ram Bhajan and Herendra further had rightly been convicted under section 148 IPC and Ziley. Ram Kishan and Ram Vir under section 147 IPC. The sentences awarded to these accused for the above offences do not warrant any interference. 12. The result is that only the appeal of Bhanwar Singh in respect of his conviction under sections 302 and 307 read with sections 149, and 148 IPC and the sentences awarded to him are set aside. The conviction of the other appellants Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Harendra and Ram Vir under sections 302/307 read with section 149 IPC and, Ram Phal, Ram Bhajan and Harendra under section 148 IPC and Ziley, Ram Kishan and Ram Vir under section 147 IPC and the sentences awarded to them by the I Additional Sessions Judge, Meerut in the S. T. No. 302 of 1978 are maintained and their appeals are dismissed. Ziley, Ram Phal, Ram Bhajan, Ram Kishan, Harendra and Ram Vir are on bail. Their bail bonds are cancelled. They shall be taken into custody forthwith to serve out the sentences awarded to them. Bhanwar Singh whose appeal has been allowed and who has been acquitted of all the charges need not surrender to his bail bonds which are discharged. Appeal allowed.