N. S. GUPTA, J. All the aforesaid three criminal appeals are directed against the judgment and order of conviction dated 6-8-79, passed by Sri G. D. Dube, the then 1st Additional Sessions Judge, Azamgarh, convicting and sentencing the accused appellant Basant Singh under Section 148/302, IPC read with Section 149, IPC to one year R. I. and imprisonment for life and further convicting accused appellants Chhotey Lal and Brahmdeo under Sections 147 and 302/149, IPC and sentencing them to life imprisonment under Section 302/149, IPC and six months R. I. under Section, 147, IPC. 2. The prosecution story briefly stated is as follows: The complainant Smt. Sudami (PW-1) is the wife of deceased Jamuna Ahir, who was a resident of village Raidopur, situate at the bank of river Tons, within the circle of police station Kotwali Sadar, district Azamgarh. Accused appellants Basant Singh, Chhotey Lal and Brahmdeo were dose friends. Basant Singh was a resident of Raidopur whereas Chhotey Lal and Brahmdeo were the residents of Matwar Ganj, police station Kotwali, district Azamgarh. Prior to the incident of this case, on the occasion of Dussehra festival, accused appellant Basant Singh had quarelled with one Ramadhar in Mohalla Galbal, district Azamgarh. When the de ceased Jamuna Ahir and his brother Ganga (PW-2) tried to intervene into the matter, Basant Singh assaulted the de ceased and his brother by means of bam boo stick and caused injuries in the head of the deceased and his brother. The de ceased Jamuna snatched away the Bamboo stick from the hands of Basant Singh and assaulted Basant Singh and caused a head injury to Basant Singh. The matter was pacified by the people of the Mohalla and, therefore, this incident of Marpeet was not reported to the police. 3. The occurrence of the present case took place on 7-2-78 at about 4. 30 p. m. when the deceased Jamuna Ahir and his brother Ganga (PW-2) were grazing their buffalo and goat respectively on the bank of river Tons. The complainant Smt. Sudami (PW-1) was cutting grass by means of Kuhrpi in a nearby field. The prosecu tion claimed that the accused appellant Basant Singh, Chhotey Lal and Brahmdeo emerged from a nearby Arhar field. Their two other associates came from towards south and three from towards north. They all surrounded the deceased. The deceased tried to run away by jumping into the river. The prosecu tion claimed that the accused appellant Basant Singh, Chhotey Lal and Brahmdeo emerged from a nearby Arhar field. Their two other associates came from towards south and three from towards north. They all surrounded the deceased. The deceased tried to run away by jumping into the river. Accused appellant Brahmdeo asked the deceased that if he would try to run away he would be shot dead. He asked the deceased to talk to accused appellant Basant Singh and beg pardon from him. Brahmdeo assured that the deceased would not be killed and the dispute would be pacified. Thereafter, Smt. Sudami fell down on the feet of Basanl Singh and Brahmdeo and requested them not to kill her husband, otherwise, her children would be ruined. Brahmdeo assaulted the deceased by means of fists and kicks and caused injury on the right eye of the de ceased. His other associates pushed down the deceased on the ground. Basant Singh took out a knife from his pocket and started assaulting the deceased. Smt. Su dami remained standing with a Khurpi in her hand. Accused appellant Chhotey Lal snatched away the Khurpi from the hands of Smt. Sudami. He too started assaulting the deceased by means of the said Khurpi. Smt. Sudami cried and attracted her brother-in-law Ganga (PW-2), the brother of the deceased. Three police constables also arrived there. They apprehended ac cused appellant Chhotey Lal on spot. Chhotey Lal tried to run. He threw away the Khurpi in the river. The constables picked up the deceased and brought him near the gate of Devi in Mohalla Raidopur where the deceased succumbed to his in juries. Leaving the dead body of the de ceased there, complainant Smt. Sudami, alongwith her brother-in-law Ganga (PW-2) three constables and Chhotey Lal ac cused came to police station Kotwali, Azamgarh where Srnt. Sudami lodged an oral report (Exh. Ka 1) about this occur rence on 7-2-78 at 5. 30 p. m. i. e. just within an hour. 4. Sri Bhola Nath Pandey (PW-7), who was then working as Sub-Inspector at police station Kolwali Azamgarh imme diately took up the investigation of the case in his hand. He recorded the state ment of Smt. Sudami right at the police station and thereafter rushed to the scene of occurrence. He directed Ganga Ram and other constables to go and look after the dead body of the deceased. He recorded the state ment of Smt. Sudami right at the police station and thereafter rushed to the scene of occurrence. He directed Ganga Ram and other constables to go and look after the dead body of the deceased. After arriving at the spot. S. I. Bhola Nath Pandey in spected the dead body of the deceased and after preparing inquest report and neces sary papers, despatched the dead body for post-mortem examination through con stable Mukteshwar Misra (PW-5 ). 5. On 8-2-78 S. I. Bhola Nath Pandey again visited the scene of occurrence. There he recorded the statement of Ganga (PW-2) and other witnesses. He carried out the detailed inspection of the scene of oc currence and prepared site plan Exh. Ka 8. He also recovered blood stained and sim ple earth from the scene of occurrence. He made search for the accused persons but they were not available. He, therefore, ob tained processes under Section 82/83, Cr PC against the accused appellants Basant Singh, Brahmdeo and Raju Pandey (the fourth accused since acquitted by the trial Court ). He recorded statement of constable Raghav Prasad Pandey and Baijnath Yadav on 21-2-78. On 22-2-78, he re corded the statement of accused Brahmdeo and after concluding the investigation he submitted charge-sheet against the accused appellants Basant Singh, Chhotey Lal Brahmdeo and Santosh @ Raju Pandey. 6. After committal of the case to the Court of Sessions by the Chief Judicial Magistrate Azamgarh, the case came up for trial before the 1st Additional Sessions Judge, Azamgarh, who framed charges under Section 147/302/149, IPC against the accused appellant Brahmdeo, Raju @ Santosh Kumar and Chhotey Lal. The learned Judge framed charges under Sec tion 148/302/149, IPC against the accused appellant Basant Singh. The accused ap pellants as also Raju @ Santosh Kumar pleaded not guilty and claimed trial. The accused appellants denied their association with each other. They showed their igno rance about the incident. 7. The accused persons examined Hari Narain Yadav as DW-1 who stated that he had been carrying on a bettle shop in Mohalla Matwar Ganj near Baradeo Sthan, Azamgarh which lay at a distance of about 25 feet from the house of accused appel lant Chhotey Lal. He stated that Chhotey Lal was arrested from in front of his shop on 7th February, 1978 at about 7. He stated that Chhotey Lal was arrested from in front of his shop on 7th February, 1978 at about 7. 00 p. m. Chandrabli (DW-2) stated that accused appellant Chhotey Lal was also known by the name of Shiv Mohan Rai. He was having an agency of Usha Machines for the last about 18 years. This witness has been working on the agency of Chotey Lal. He stated that Chhotey Lal was arrested on 7-2-1978 at about 7. 00 p. m. from near his shop at a distance of about 100 paces by Sub-Inspector of police and two consta bles. 8. At the trial, the prosecution exam ined as many as eight witnesses, out of whom Smt. Sudami (PW-I ). Ganga (PW-2), constable Raghav Prasad (PW-3) and constable Ramjanam Yadav (PW-6) were the witnesses of fact. PW-4 Dr. N. T. Sinha was the medical officer who conducted post-mortem examination on the dead body of the deceased on 8-2-78 at 12. 00 noon and found the position as under : The deceased was aged 35 years. His body was well built. Rigor Mortis was present on both upper and lower extremities. Dr. Sinha found the following ante-mortem injuries on the person of the deceased : (1) Incised wound 3" x 1/2" x bone deep on the Rt. side of face just below left lower eye lid. (2) Incised wound 1/2" x 2/10" x scalp deep on the Rt. side head at hair margin. (3) Incised wound 2-1/2" x 3/10" x mouth cavity deep on the left angle of mouth. (4) Punctured wound 1/2" x 3/10" 1-1/2" deep on the front of left arm upper part. (5) Punctured wound 1/2" x 3/10" x 1/2" deep (cavity deep) on the left side chest 1" medial to left nipple. (6) Punctured wound 1/2" x 3/10" x cavity deep on the Rt. chest 3" above on medial at TO clock position on Rt. chest. (7) Punctured wound 1/2" x 3/10" x 1" deep on the lower part of left chest. (8) Punctured wound 1/2" x 2/10" x cavity deep on the upper part of abdomen in middle. (9) Punctured wound 1/2" x 3/1" x cavity deep 3" below the injury No. 8. (10) Punctured wound 1/2" x 3/10" x cav ity deep 1/2" lateral to injury No. 9. Blood was coming out from the wound. (8) Punctured wound 1/2" x 2/10" x cavity deep on the upper part of abdomen in middle. (9) Punctured wound 1/2" x 3/1" x cavity deep 3" below the injury No. 8. (10) Punctured wound 1/2" x 3/10" x cav ity deep 1/2" lateral to injury No. 9. Blood was coming out from the wound. (11) Punctured wound 1/2" x 3/1" x 1/2" deep on the middle of back in middle. (12) Punctured wound 3/4" x 1/2" x 1-1/2" just below Lt, illiac crest. (13) Puncutred wound 1/2" x 2/10" x 1/2"-2" back to injury No. 12. (14) Puncutred wound 3/4" x 1/2" x 1/2" on the Lt. buttock. (15) Puncutred wound 1" x 3/4" x 1-1/2" on the surface of left thigh upper part. (16) Punctured wound 1" x 1/2" x 1-1/2" just below injury No. 15. (17) Incised wound 1-1/2" x 1/2" on the front of the Rt. leg lower 1/2 part in front. 9. On internal examination the doctor found that the thorax region had injuries as described in injuries No. 5, 6 and 7. The walls of abdomen and peritoneum were full with blood. Stomach was empty. The small and big intestines were also perfo rated below injuries 8 to 10. The intestines were full with faecal matter. No abnor mality was detected in other parts. The doctor opined that the death had been caused due to shock and haemorrhage. 10. PW-7 Bhola Nath Pandey was the Investigating Officer of the case. PW-8 constable Surya Bhushan Pathak was a formal witness who took the case property from the C. M. O. Office to the Chemical Examiner. PW-9. Kcdar Nath Dubey was also a formal witness who prepared chick report and G. D. report. PW-10 Head Con stable Jokhan Singh was also a formal witness who stated about the dispatch of the case property from the police Malkhana to C. M. O. Office. PW-11 Bechan Ram was also a formal witness who was working as Clerk in the District Hospital. Azamgarh who stated about the dispatch of the case property to the Chemical Ex aminer through constable Surya Bhushan Pathak. 11. After needful trial into the matter the learned trial Judge acquitted Raju @ Santosh Kumar. He however, found ac cused appellant Basant Singh guilty under Section 148/302, IPC and Chhotey Lal and Brahm Deo under Sections 147/302/149, IPC and convicted and sentenced them as aforesaid. 11. After needful trial into the matter the learned trial Judge acquitted Raju @ Santosh Kumar. He however, found ac cused appellant Basant Singh guilty under Section 148/302, IPC and Chhotey Lal and Brahm Deo under Sections 147/302/149, IPC and convicted and sentenced them as aforesaid. Feeling aggrieved by the judg ment of the trial Judge, accused appellant Basant Singh, Chhotey Lal and Brahmdeo preferred aforesaid separate appeals which were heard together and are being dis posed oi by this common judgment. Al though the appeal was argued at length on behalf of the accused appellant Chhotey Lal by Sri P. N. Mishra, learned Senior Advocate and Sri S. K. Aganval, learned Counsel on behalf of the accused appellant Basant Singh, yet nobody turned up to make submission on behalf of Brahmdeo. With the assistance of the learned Counsel appearing for accused appellants Basant Singh and Chhotey Lal as also Sri A. K. Verma, learned A. G. A. , we have re appraised the entire evidence on record and proceed to dispose of all the three ap peals on merit as under : FINDINGs 12. It is clearly proved by the medical evidence of Dr. T. N. Sinha, PW-4 who conducted autopsy on the dead body of the deceased on 8-2-1978 at about 12 Noon that as many as four incised wounds and 13 punctured wounds of various dimen sions were found on the body of the de ceased as anti-mortem injuries. The heart of the deceased was punctured under in jury No. 5. His small intestine and large intestine were found perforated. Dr. Sinha clearly stated in his statement on oath be-fore the court below that all these injuries found on the person of the deceased as anti-mortem injuries could have been caused by means of Khurpi and knife on 7-2-1978 at aobut 4. 30 p. m. and that the said injuries were sufficient in the ordinary course of nature to cause death. 13. Now the point which arises for determination is to see as to whether the deceased was done to death by the accused appellants in the manner and circum stances suggested by the prosecution. As stated above four witnesses of fact were examined by the prosecution. We proceed to scrutinise the evidence of each witness as under: 14. PW-1 Smt. Sudami is the wife of the deceased and PW-2 Ganga is the brother of the deceased. As stated above four witnesses of fact were examined by the prosecution. We proceed to scrutinise the evidence of each witness as under: 14. PW-1 Smt. Sudami is the wife of the deceased and PW-2 Ganga is the brother of the deceased. They both have clearly and consistently stated in their statement on oath before the court below that about three and half months before the date of occurrence of this case on the oc casion of Dushehra festival a scuffle in between the accused appellant Basant Singh the deceased had followed in which Basant Singh had assaulted the deceased and his brother Ganga PW-2. Basant Singh had also sustained head injuries in the said scuffle at the hands of the de ceased. This matter was not reported to the police and was pacified by the people of the Mohalla. They stated that on the date of occurrence at about 4. 30 p. m. the de ceased had gone for grazing his goat. Smt. Sudami had gone to cut away grass in the jungle with a Khurpi in her hand. PW-2 Ganga was grazing his she buffalo nearby. They both stated that accused appellants Basant Singh, Chhotey and Brahmdeo emerged from an Arhar field. Besides them, two persons came from the southern side and three came from northern side. All these persons surrounded the deceased. The deceased tried to run away after jumping into the water. Thereupon, Brahmdeo said that if he (the deceased) would run away, he would be shot dead otherwise let him talk to Basant Singh and beg pardon from him. Thereafter Smt. Sudami had fallen down on the feet of Brahmdeo-and Basant Singh and asked them not to kill her husband. Brahmdeo assaulted the deceased by means of fists and kicks on the right eye. The other peo ple dragged the deceased and had fallen him down. Thereafter Basant Singh took out a knife from his pocket and started assaulting the deceased. Chhotey Lal snatched away the Khurpi from the hands of Smt. Sudami. He too started assaulting the deceased by means of Khurpi. On hearing her cries her brother-in-law Ganga PW-2 came there. Besides him three police constables also came. Thereafter Basant Singh took out a knife from his pocket and started assaulting the deceased. Chhotey Lal snatched away the Khurpi from the hands of Smt. Sudami. He too started assaulting the deceased by means of Khurpi. On hearing her cries her brother-in-law Ganga PW-2 came there. Besides him three police constables also came. The accused appellants and their associates ran away, when the accused appellant Chhotey Lal tried to enter into the Arher field with a view to escape, he was apprehended by the three police constables who were not in uniform. Chhotey Lal thereafter threw away the Khurpi in the river. Chhotey Lal was thereafter taken to the police station where Smt. Sudami lodged an oral report Exh. Ka 1 about this occurrence. 15. It was averred by constable Raghav Prasad. PW-3 and constable Ram Jatan Yadav PW-6 that on 7-2- 78 they were posted as police constables at police station Kotwali. Azamgarh,. On that day they along with constable Baijnath Yadav were deputed for searching and arresting Paliram accused. When they came to know that Paliram was available in the Arhar field near Kalighat, these police constables went towards that field, there they heard the cries of a woman at about 4. 30 p. m. who was crying for help. Hearing the cries of that woman these police constables reached at the spot and there they found that Chhotey Lal was having a Khurpi in his hand and Basant Singh was having a knife in his hand. Raju @ Santosh Kumar and Brahmdeo were assaulting the de ceased by means of fists and kicks and Chhotey Lal and Basant Singh were assualting him by means of Khurpi and knife respectively. Seeing the police constables the accused persons ran away, but Chhotey Lal was apprehended on spot. He threw away the Khurpi into the river. He was thereafter brought to police station. The deceased succumbed to his injuries while he was being brought towards the city near the house of Devi. These police constables called two police constables from Elvel police outpost and entrusted the dead body of the deceased to them. They then alongwith the wife of the deceased and accused appellant Chhotey Lal came to police station where Smt. Sudami lodged a report about the occurrence. These police constables called two police constables from Elvel police outpost and entrusted the dead body of the deceased to them. They then alongwith the wife of the deceased and accused appellant Chhotey Lal came to police station where Smt. Sudami lodged a report about the occurrence. It would thus be seen that the ocular evidence of Smt. Sudami, wife of the deceased finds full corroboralion on the point that the accused appellant Basant Singh had assaulted the deceased by means of knife and Chhotey Lal by means of Khurpi with an intention to kill and caused as many as 13 puncutred wounds and four incised wounds because of which the deceased had died few min utes after the occurrence and further that Chhotey Lal was arrested on spot and was taken to police station Kotwali, Azamgarh and was lodged there. It is also clear that Smt. Sudami promptly lodged FIR Exh. Ka 1 at 5. 30 p. m. the same day stating therein the meticulous details about the accused appellants as also the role played by each of them. 16. The circumstances that accused Brahmdeo called the deceased when the deceased tried to run away and disclosed him not to kill, provided he begged pardon from Basanl Singh and further that he too had assaulted the deceased by means of fists and kicks alongwith his other associ ates who were responsible for making the deceased lo fall down, clearly go to show that accused appellant Brahmdeo too did assist the accused appellants Basant Singh and Chholey Lal in the matter of the mur der of the deceased. 17. The circumstances that the ac cused appellant Basant Singh bore enmity with the deceased since before because of the quarrel having taken place about three months prior to the dale of occurrence in which he had suslaincd injuries fully go to show that the accused Basant Singh had embided ill-will against the deceased to this exlenl as to eliminate him unawares. It was suggested to Smt. Sudami (PW- 1) on behalf of the defence that the deceased Jamuna himself was a bad character who was involved in a number of cases of dacoity and theft. It was further suggested that in connection with the theft at the house of some lawyer, police officials had arrested the deceased but had later on reelased him. It was further suggested that in connection with the theft at the house of some lawyer, police officials had arrested the deceased but had later on reelased him. Although Smt. Sudami had denied the suggestion of the defence on the point of the antecedents of the deceased and his involvement in cases of dacoity and theft, yet from these suggeslions it becomes apparenl that the deceased him self was a desperate character and it was not an easy task to eliminate him because even in the earlier Marpeet which afforded a motive to the accused persons to elimi nate the deceased, the deceased had given a befitting reply to the accused Basant Singh by causing a fracture in the head of accused appellant Basant Singh. There fore, it was natural for the accused appellants to have formed unlawful assembly rather stealthily and to eliminate the de ceased in a surprise manner. Thus the contention of the learned Counsel for the accused appellants that if the accused ap pellants had formed unlawful assembly with the common object of causing death of the deceased, they should have armed themsevels with deadly weapons or atleast Lathi and Danda and that the deceased would have not been done to death by means of knife and Khurpi injuries par ticularly when the knife with which the accused appclant Basant Singh assaulted was taken out by him from his pocket is devoid of any force. 18. The circumstances that the ac cused appellant Basant Singh, Chhotey Lal and Brahmdeo were close friends. 18. The circumstances that the ac cused appellant Basant Singh, Chhotey Lal and Brahmdeo were close friends. They were living together, they were sitting to gether and they were dining together as stated by Ganga (PW-2) lends assurance to the fact that these three accused appellants with the aid of their 3-4 other associates formed an unlawful assembly on the date of occurrence with the common object of eliminating the deceased and that in prosecution of the common object of the said unlawful assembly, accused appellant Brahmdeo and his other associates as saulted the deceased by means of fists and kicks with a view to cause invisible inju ries and when the deceased had fallen down on the earth, the accused appellant Basant Singh took out a knife from his pocket and mercilessly assaulted the de ceased by means of knife and caused as many as 13 punctured wounds of various dimensions from top to bottom and from to back side of the deceased. The accused appellant Chhotey Lal did not iag behind inasmuch as that he snatched away the Khurpi of the wife of the deceased Smt. Sudami (PW-1) and assaulted the deceased by means of the same causing as many as four incised wounds. 19. It was vehemently argued by Sri P. N. Misra, learned Counsel for the ac cused appellant Chhotey Lal that the ab sence of any injury on the person of the wife of the deceased Smt. Sudami (PW-1) and borther of the deceased Ganga (PW-2) throws a doubt upon the veracity of the statement of these two witnesses. It was argued that the wife in whose presence her hsuband was being done to death, must have tried her level best to save the life of her husband even at the cost of her own life. It is not possible for us to appreciate the arguments set up by the learned coun sel for the defence for the simple reason that in the first place Smt. Sudami (PW-1) was not as chaste a lady as may have been imagined by the learned Counsel for the defence. It is not possible for us to appreciate the arguments set up by the learned coun sel for the defence for the simple reason that in the first place Smt. Sudami (PW-1) was not as chaste a lady as may have been imagined by the learned Counsel for the defence. In the second place where her husband who was a desperate man was being surrounded by as many as 6-7 per sons, the instinct of self preservation should have kept away Smt. Sudami and would have made her to watch the whole affair as a helpless spectator from some distance. It would suffice to stale here that even before marrying the deceased Jamuna Smt. Sudami was married to one Phool Chand who was still alive and was resid ing at Bombay. Smt. Sudami stayed with her earlier husband Phool Chand for 8-9 years. She was living with deceased Ja muna as his wife for the last about two years. The deceased Jamuna prior to mar rying Smt. Sudami had earlier married twice but had deserted both his earlier wives. So that being the position, neither Smt. Sudami was a loyal wife like Sati Savitri nor the deceased was a faithful husband. Thus when the deceased was being done to death, Smt. Sudami (PW-1) was perfectly justified in her wisdom not to involve herself in the deadly occurrence. When her Khurpi was snatched away by accused appellant Chhotey Lal, she be came all the more helpless. Similarly, Ganga Prasad (PW-2) had watched the whole affair rather from some distance in order to save his own life. Thus the ab sence of injury on the person of Smt. Su dami and Ganga docs not rule out their presence on the spot. 20. It is a common feature of the vil lage that the villagers go to graze their catties during the day. The ladies of the house also do go to cut the grass etc. from the jungle. The time of occurrence being 4. 30 p. m. the presence of Smt, Sudami (PW-1) and Ganga (PW-2) near the scene of occurrence was natural and probable one. 21. The ladies of the house also do go to cut the grass etc. from the jungle. The time of occurrence being 4. 30 p. m. the presence of Smt, Sudami (PW-1) and Ganga (PW-2) near the scene of occurrence was natural and probable one. 21. The circumstances that hearing the hues and cries of a woman, constable Raghav Prasad Pandey (PW-3) and constable Ram Jatan Yadav (PW-6) were attracted to the spot and had an opportunity to witness the whole affair and further that they succeeded in apprehending the ac cused appellant Chhotey Lal on spot lends credence to the testimony of Smt. Sudami (PW-1) and Ganga (PW-2) regarding the guilt of the accused appellants. 22. The circusmtances that accused appellant Brahmdeo played dubious roie in threatening and asking the deceased to come out from the water through which he tried to jump away and assured him par don on behalf of Basant Singh fully go to show that Brahmdeo had shared the guilty intention of accused appellants Basant Singh and Chhotey Lal regarding the murder of the deceased. 23. Sri P. N. Misra, learned Counsel for the accused appellant Chhotey Lal ar gued that according to the version of the prosecution Chhotey Lal was responsible for causing only four incised wounds from which at best it could be inferred that he intended to cause only hurt to the deceased and not to cause death of the deceased. Reliance was placed upon the proposition of law laid down by the Apex Court in Shambhu Nath v. State of Bihar, AIR 1960 SC 725 . This ruling in our opinion is of no help to the accused appellants for the simple reason that the appreciation of evi dence in every criminal case depends upon the merits and demerits of an individual case which differ from case to case. This ruling in our opinion is of no help to the accused appellants for the simple reason that the appreciation of evi dence in every criminal case depends upon the merits and demerits of an individual case which differ from case to case. So far as the pre-position of law regarding the vicarious liability of the members of the unlawful assembly is concerned, the Apex Court in Para 6 of the ruling relied upon by the learned Counsel for the defence laid down as follows: "section 149 of the Indian Penal Code is declaratory of the vicarious liability of the members of an unlawful assembly for acts done in prosecution of the common object of that assembly or for such offences as the members of the unlawful assembly knew to be likely to be committed in prosecution of that object. If an unlawful assembly is formed with the com mon object of committing an offence and if that offence is committed in prosecution of the ob ject by any member of the unlawful assembly, all the members of the assembly will be vicari-ouslv liable for that offence even if one or more, but not all committed the offence. Again, if an offence is committed by a member of an unlawful assembly and that offence is one which the members of the unlawful assembly knew to be likely to be committed in prosecu tion of the common object, every member who had that knowledge will be guilty of the of fence so committed. But members of an unlaw ful assembly may have a community of object upto a certain point, beyond which they may differ in their objects and the knowledge pos sessed by each member of what is likely to be committed in prosecution of their common object may vary not only according to the in formation at his command, but also according to the extent to which he shares the community of object and as a consequence of this the effect of Section 149 of the Indian Penal Code may be different on different members of the same unlawful assembly. " 24. " 24. Judging the present case in the light of the aforesaid proposition of law laid down by the Apex Court, we find that community of object of all the accused appellants who were living together and eating together was to lake revenge of the Marpeet done by the deceased with ac cused appellant Basant Singh on the occa sion of Dussehra festival just about three and half months before the occurrence of this case. When all the accused appellants as also their associates came on spot to gether, when accused appellant Brahmdeo called the deceased and asked him to beg pardon from Basant Singh and gave assur ance to pardon him and when the deceased came near the accused appellant Brahmdeo, he and his other associates assaulted him by means of fists and kicks and that after making the deceased to fail, the accused appellant Basant Singh goaded him with knife and accused Chhotey Lal by the means of Khurpi which he snatched away from the wife of the de ceased, fully go to show that all the ac cused appellants and their associates shared the community of common object which was to eliminaie the deceased. 25. It may be noted here that accord ing to the defence evidence of two wit nesses viz. Hari Ram Yadav (DW-1) and Chandrabali Yadav (DW-2), the accused appellant Chhotey Lal was apprehended by the police on 7-2-1978 at about 7. 00 p. m. Both these witnesses were close neighbours of accused appellant Chhotey Lal and were interested in defending Chhotey Lal. If it was fact that Chhotey Lal was not arrested on spot by the three police con stables viz. Raghav Prasad Pandey, (PW-3) Ram Jatan Yadav (PW-6) along with their third colleague who too was a con stable and was brought to the police Sta tion Kotwali at 5. 30 p. m. there was no occasion for an illiterate lady like Smt. Sudami to have lodged an oral report Exh. Ka I about the occurrence of this case. Then again, there was no occasion for the l. O. Sri Bhola Nath Pandey (PW-7) to have rushed to the spot immediately after recording the statement of Smt. Sudami at 6. 00 p. m. and to prepare inquest report of the dead body of the deceased at 6. Ka I about the occurrence of this case. Then again, there was no occasion for the l. O. Sri Bhola Nath Pandey (PW-7) to have rushed to the spot immediately after recording the statement of Smt. Sudami at 6. 00 p. m. and to prepare inquest report of the dead body of the deceased at 6. 00 p. m. It has been specifically averred by Kedar Nath Pandey, PW-9 who was working as Head Moharrir at police station Kotwali on 7-2-1978 that the FIR of this case was lodged by Smt. Sudami at police station Kotwali, Azamgarh on 7-2-1978 at 17. 30 p. m. A mention about the FIR Exh. Ka 1 was made by A. S. I. Kedar Nath Dubey in the General Diary of police station, a copy of which was filed as Ka 16, A. S. I. Kedar Nath Pandey further averred that along with Smt. Sudami her brother-in-law Ganga, constable Raghav Prasad Pandey, constable Ram Jatan Yadav and constable Baijnath had also come. They brought accused appellant Chhotey Lal with them. He stated that the Bushirt and Pant of Chhotey Lal were stained with blood. The said Bushirt and Pant were taken into pos session by the police and were sent for examination and rpcort to the Chemical Examiner. The Chemical Examiner vide his report Exh. Ka 19 reported that human blood was found on the pant and Shirt of the accused appellant Chhotey Lal. The existence of human blood on the pant and Shirt of accused appellant Chhotey Lal fully proves the guilt of this accused appel lant and his active participation in the occurrence in question beyond any shadow of doubt. 26. Thus to sum up we find that the earlier Marpeet on the occasion of Dussehra about 2-3 months before the date of occurrence of this case afforded a well founded motive to accused appellant Basant Singh to commit ghastly murder of the deceased. The circumstances that the accused appellant Chhotey Lal was ar rested on spot with blood stained cloth on his body and the use of Khurpi by him in causing incised wounds to the deceased abndantly proves his guilt. The circumstances that the accused appellant Chhotey Lal was ar rested on spot with blood stained cloth on his body and the use of Khurpi by him in causing incised wounds to the deceased abndantly proves his guilt. The conduct of Brahmdeo in calling and persuading the deceased to beg pardon and then to assault him by means of fists and kicks making the deceased to fall down on the ground and thereby actively aiding and assisting the accused appellant Basant Singh and Chhotey Lal abundantly proves the com munity of common object regarding the guilt of the accused appellant. 27. We, therefore, uphold the finding of guilt recorded by the court below as against the accused appellant Basant Singh under Section 148/302, IPC and further as against accused appellant Chhotey Lal and Brahmdeo under Section 147/302, IPC read with Section 149, IPC. 28. In the result, we find that the ap peal has got no force. It is hereby dis missed. The bail granted to the accused appellants is hereby cancelled. The C. J. M. Azamgarh is directed to get the accused appellant arrested and commit them to prison. 29. Let a copy of this order along with the record of the case be sent to the court below for needful compliance and report within three months. Appeal dismissed. .