J. C. GUPTA, J. ,, J. ( 1 ) BOTH these appeals are directed against one and the same judgment dated 7-6-1989 passed by the then I Addl. Sessions Judge, Ballia in Sessions Trial No. 79 of 1989 whereby appellants Dhan Ji Ahir, Krishna, Sheo Shanker and Vinai alias Vijai of criminal appeal No. 1345 of 1989 and appellants Ram Chandra, Ram Nath, Godhan and Bharat Pathak of criminal appeal No. 1346 of 1989 have been convicted and sentenced to imprisonment for life under S. 302 read with S. 149 I. P. C. , 7 years R. I. under S. 307 read with S. 149 I. P. C. and to imprisonment for life under S. 201, I. P. C. Appellant Ram Chandra, Bharat Pathak, Godhan and Ram Nath have been further convicted and sentenced to two years R. I. each under S. 148, I. P. C. while appellants Krishna, Vinai, Sheo Shanker and Dhan Ji Ahir have been convicted and sentenced to one year R. I. each under S. 147, I. P. C. All the sentences have been ordered to run concurrently. ( 2 ) THE prosecution case, in brief, is that on 24-11-1984 complainant Ram Chandra Thakur (P. W. 3) along with Raj Dayal (P. W. 1), Raiksha Thakur (P. W. 2), Ramesh Thakur and Ram Adhar, deceased of the present case were going to remove grass from their field and when they reached in padri Mauja they were suddenly attacked at about 11 a. m. by as many as 15-16 persons, of whom 12 were identified as Kashi Nath, Ram Chandra Ahir, Ram Nath, Shiv Shankar, Radhey Shyam Ahir, Dhanji Ahir, Virendra Ahir, Godhan Ahir, Vijay Ahir, Bharat Pathak Dhanjay Pathak and Krishna Ahir. Ram Charan, Ram Nath, Godhan and Bharat Pathak appellants of criminal appeal No. 1346 of 1989 were having guns, while rest were having lathi. They all made an attack upon Ram Dayal, Raiksha Thakur, Ram Adhar, Ram Chand and Ramesh Thakur. The first four sustained fire arm injuries while Ramesh Thakur received lathi injuries. Ram Adhar fell on the ground on account of fire arm injuries sustained by him. He was carried towards river by the accused persons and his dead body was thrown in the river which could not be traced out and, therefore, no post mortem examination could be conducted. Ram Adhar fell on the ground on account of fire arm injuries sustained by him. He was carried towards river by the accused persons and his dead body was thrown in the river which could not be traced out and, therefore, no post mortem examination could be conducted. ( 3 ) RAM Charan Thakur, P. W. 3 who himself had sustained fire arms injuries dictated first information report Ex. Ka 1 to Hari Narain Thakur who scribed the same. The report was then lodged at P. S. Kotwali on the same day at 2. 15 p. m. Case was registered and investigation ensued. Injured persons were sent for medical examination. P. W. 8 Sub Inspector T. N. Singh took up the investigation. He interrogated witnesses prepared site plan of the scene of occurrence and on completion of investigation submitted charge sheet against all the twelve accused persons who were named in the First Information Report. ( 4 ) DR. V. K. Shukla P. W. 6 medically examined injuries of injured Ramesh Thakur, Raiksha Thakur, Raj Dayal and Ram Chandra of whom injuries of Ram Chandra were examined on the same day at 11. 45 a. m. and the doctor found following injuries : 1. Fire arm wound of entrance 2 mm. x 2 mm. on front of chest 2 cm. below left nipple at 6 O clock position. Tattooing and fresh bleeding present. 2. Fire arm would of entry 2 mm. x 2 mm. present on front of chest, fresh bleedingg and tattooing present. 3. Three fire arm wounds of entrance on right palm, wrist joint and right forearm on dorsal aspect at a distance of 6 cm, fresh bleeding present, size 2mm. x 2mm. 4. Fire arm wound of entrance on index finger of left hand, fresh bleeding present, size 2mm. x 2 mm. , tattooing present. 5. Fire arm wound of entrance on ring finger and index finger of left hand, fresh bleeding present size 2 mm. x 2mm. 6. Fire arm wound of entrance in right elbow joint on anterior aspect, size 2 mm. x 2 mm, fresh bleeding and tattooing present. 7. Multiple fire arm wounds of entrance in an area of 30 cm. x 30 cm. on front of left thigh each of size 2 cm. x 2 cm. , tattooing and fresh bleeding present. 8. 6. Fire arm wound of entrance in right elbow joint on anterior aspect, size 2 mm. x 2 mm, fresh bleeding and tattooing present. 7. Multiple fire arm wounds of entrance in an area of 30 cm. x 30 cm. on front of left thigh each of size 2 cm. x 2 cm. , tattooing and fresh bleeding present. 8. Multiple gun shot wounds of entrance in an area of 30 cm. x 30 cm. on the thigh and knee (right) size 2 mm. x 2 mm, tattooing present. 9. Fire arm wounds of entrance 2 mm. x 2 mm. on left leg 4 cm. above ankle joint, fresh bleeding and tattooing present. ( 5 ) INJURIES were of fire-arm and were in fresh in duration. X-ray report confirmed this opinion. ( 6 ) INJURIES of Raj Dayal, P. W. 1 were examined at 1. 10 p. m. by the same doctor and following injuries were found. 1. Fire arm wound of entrance 2 mm. x 2 mm. present on the posterior aspect of right thigh, 15 cm. above knee joint. Tattooing and fresh bleeding present. 2. fire arm wound of entrance on posterior aspect of left calf muscle. Tattooing and fresh bleeding present. ( 7 ) X-RAY examination of Ram Dayal Thakur revealed and confirmed that the injuries were of fire arm. They were fresh in duration. ( 8 ) ON the same day at 1. 30 p. m. Raiksha Thakur was medically examined and following injuries were found: 1. Multiple fire arm wounds of entrance of 2 mm. x 2 mm. present on face on left side. Tattooing and fresh bleeding present. 2. Multiple fire arm wounds of entrance 2 mm. x 2mm. muscle deep on left side of neck and front of chest in an area of 10 cm. x 10 cm. Tattooing and fresh bleeding present. 3. Fire arem wound of entrance 2 mm. x 2 mm. present on right thigh and fresh bleeding present. ( 9 ) ALL the injuries were fresh in duration and they were kept under observation. X-ray examination revealed four radio-opaque shadows confirming that injuries were of fire arm. ( 10 ) ON the same day i. e. 24-11-1984 at 1. 45 p. m. the same doctor medically examined Ramesh Thakur and found following injuries : 1. Contusiion 6 cm. x 4 cm. X-ray examination revealed four radio-opaque shadows confirming that injuries were of fire arm. ( 10 ) ON the same day i. e. 24-11-1984 at 1. 45 p. m. the same doctor medically examined Ramesh Thakur and found following injuries : 1. Contusiion 6 cm. x 4 cm. on posterior aspect of left fore arm, colour red. 2. Contusion 10 cm. x 2 cm. on lateral aspect of right upper arm, colour red. 3. Abraded contusion 4 cm. 4 cm. on posterior aspect on left ankle joint, colour red. 4. Contusion 6 cm. x 6 cm. on back in the lower part on left side, colour red. 5. Contusion 4 cm. x 4 cm. on posterior aspect of left shoulder, colour red. ( 11 ) IN the opinion of the doctor, all the injuries of Ramesh Thakur were simple and caused by blunt object. They were fresh in duration. ( 12 ) BEFORE the trial Court prosecution produced eight witnesses in all, they were P. W. 1 Raj Dayal, P. W. 2 Raiksha Thakur, P. W. 3 Ram Charan, P. W. 4 Sharma, P. W. 5 Jagdish Prasad, Invistigating Officer, P. W. 6 Dr. V. K. Shukla, who had medically examined injured persons, P. W. 7 R. N. Singh, X-ray technician who proved x-ray plate prepared by Dr. Haleem and P. W. 8 S. I. T. N. Singh. Since the dead body of Ram Adhar could not be recovered hence no post mortem examination could be conducted. The case of accused persons was of total denial. They produced Ram Ji Tiwari as D. W. 1 in support of plea of alibi pleaded by acquitted accused Kashi Nath Pandey. ( 13 ) ON consideration of evidence brought on record the learned Sessions Judge found appellants of both the appeals guilty of the offences charged for and they have been convicted and sentenced as mentioned above. By the same judgment co-accused Virendra, Kashi Nath and Dhanjay Pathak have been acquitted by the trial Court giving them benefit of doubt, while Radhey Shyam accused died during the pendency of trial hence his case stood abated. ( 14 ) THIS Court has heard Shri K. K. Shukla for the appellants and the learned A. G. A. for the State. ( 14 ) THIS Court has heard Shri K. K. Shukla for the appellants and the learned A. G. A. for the State. ( 15 ) IT was submitted by the appellants counsel that once on the same set of evidence, three accused persons have been acquitted, conviction of the present appellants particularly of those who were having lathi cannot be sustained. It was further argued that incident had occurred in out skirts of the village and as firing was made from behind Moonj (Shrubs) it was doubtful that the witnesses had identified their assailants and according to his submission appellants have been falsely implicated due to enmity with the first informant. On the other hand, learned A. G. A. submitted that in the present case besides the deceased four other persons also sustained injuries of whom three namely Ram Dayal P. W. 1, Raiksha Thakur P. W. 2 and Ram Charan P. W. 3 were produced at the trial and they all supported the prosecution case. Incident had occurred in broad day light and the medical evidence indicates that assailants were at a close distance from the victims, therefore, there could not be any difficulty for the witnesses in identifying their assailants, who were known to them from before. since the witnesses themselves sustained injuries they would be the last persons to falsely implicate innocent persons by shielding real assailants. It was further submitted by the learned A. G. A. that the factum of death of Ram Adhar was not disputed and the same was also otherwise established from the evidence on record as it was disposed by the witnesses that the dead body of Ram Adhar was carried and thrown in the river and the same could not be traced out. It was further argued that merely because three accused persons, who were also alleged to have participated in the assault made upon the victims have been acquitted by the trial Court giving them the benefit of doubt either on the plea of alibi or for other reasons, their acquittal cannot have any adverse effect on the conviction of the appellants particularly when evidence of three injured witnesses, coupled with the facts and circumstance appearing in the case, fully established their participation. ( 16 ) FROM the statement of Dr. ( 16 ) FROM the statement of Dr. V. K. Shukla P. W. 6 who had medically examined Ram Chandra Thakur, Raj Dayal Thakur, Raiksha Thakur and Ramesh Thakur on 24-11-1984 between 11. 45 a. m. to 1. 45 p. m. , it is fully established that the aforesaid persons had received injuries on their person. Excepting Ramesh Thakur the injuries of other injured persons were of fire arm. Their X-ray reports and X-ray plates were also brought on record and proved. They confirmed that the injuries of these victims were of fire arm. Dr. V. K. Shukla has further stated that at the time of medical examination the injuries of all the injured persons were fresh in duration, which is further verified from the fact that fresh bleeding was found present in all fire arm injuries. Doctor Shukla has further opined that injuries of Ramesh Thakur were also fresh in duration. Dr. Shukla has categorically stated that the injuries of injured persons could have been sustained by them at about 11 a. m. on 24-11-1984. Neither to this witness nor before this Court it could be suggested that the injuries were not of fire arm or were not fresh in duration. Apart from the oral evidence which has been adduced in this case and which we shall discuss later on, the medical evidence firmly established that the incident wherein the victims sustained fire arm and blunt object injuries occurred in broad day light at about 11 a. m. on 24-11-1979. ( 17 ) SO far as motive part is concerned, it has come in the statement of P. W. 1 Ram Dayal that a litigation was pending between accused Ram Chandra and others in respect of an agricultural plot. According to him Ram Chandra and others got an ex-parte order in their favour and when the same came to his knowledge objections were filed and they were upheld. They lost the case before Commissioner but their appeal against the order of Commissioner was pending before the Board of Revenue. Similarly P. W. 2 Raiksha Thakur stated that a litigation in respect of agricultural land was pending between the parties before the incident in question and Ram Adhar deceased was looking after that litigation on behalf of the prosecution witnesses. Ram Chandra P. W. 3 also stated likewise. Accused Kashi Nath in his statement recorded under S. 313 Cr. Similarly P. W. 2 Raiksha Thakur stated that a litigation in respect of agricultural land was pending between the parties before the incident in question and Ram Adhar deceased was looking after that litigation on behalf of the prosecution witnesses. Ram Chandra P. W. 3 also stated likewise. Accused Kashi Nath in his statement recorded under S. 313 Cr. P. C. also admitted that there was dispute with regard to land and as per the statement of accused persons they have been falsely nominated on account of enmity. We thus find that the prosecution allegation of enmity was undisputed. It was however argued by appellants counsel that it has not been established that all the accused persons were having joint and common interest in the land which was subject matter of litigation between the parties nor the prosecution has alleged any immediate motive for commission of murder of Ram Adhar. It is true that normally there is a motive behind every criminal act and the investigating agency should try to ascertain as to what was the immediate motive on the part of the accused persons to commit the crime but at the same time it must be remembered always that motive is a thing which is preliminary known to the accused himself and it may not be possible for the prosecution in every case to explain what actually prompted or excited the accused to commit the particular crime. The manner in which the culprits decide to attain a particular object depends upon the way in which they set out their plans. Therefore, on the mere ground of failure of the prosecution to collect enough material regarding immediate motive will not be sufficient to throw prosecution case into dustbin particularly where evidence regarding the assault is available and is found to be true and worthy of credence. It is also to be taken note of that absence of motive or inadequacy of motive or absence of evidence relating to the cause of attack cannot adversely effect the prosecution case where the guilt of the accused is sought to be proved by eye witness account and in such cases the question of motive becomes more or less academic. It is also to be taken note of that absence of motive or inadequacy of motive or absence of evidence relating to the cause of attack cannot adversely effect the prosecution case where the guilt of the accused is sought to be proved by eye witness account and in such cases the question of motive becomes more or less academic. In the case of Kuriakose v. State of Kerala (1994) 1 JT (SC) 268 it was held that if the murderous assault by accused persons is established by clear clinching evidence of the eye witnesses it will not be necessary to investigate the motive behind such commission of offence. ( 18 ) IN the present case it cannot be said that there was total absence of motive on the part of the accused persons. Undisputedly some litigation was going on between the parties much before the incident in question. Motive in this particular case was evenly balanced. In such a situation the rule of prudence requires the Court to examine and scrutinize the evidence with care and caution but there is no law to reject the evidence of the prosecution witnesses merely on the ground of their being partisan. ( 19 ) IN this case prosecution produced three witnesses to depose with regard to the assault made upon them and the deceased. They were P. W. 1 Raj Dayal, P. W. 2, Raiksha Thakur and P. W. 3, Ram Charan. All these witnesses had undoubtedly sustained fire arm injuries themselves. Their presence at the scene of occurrence thus could not be doubted. All these witnesses have categorically stated that they were going together alongwith Ramesh Thakur and deceased Ram Adhar to remove grass from their field and when they reached in Mauja Padri at about 11 a. m. all the accused persons of whom four were armed with fire arms, came out of Moonj and started firing whereupon Ram Dayal, Ram Chandra, Ram Adhar and Raiksha Thakur sustained fire arm injuries. Ramesh Thakur was assaulted by those who were having lathi. Their evidence is fully corroborated by medical evidence. We have already found above that as per the statement of Dr. Shukla injuries of all these injured persons were found bleeding and were fresh in duration. This fact leaves no room of doubt that the incident had occurred in broad day light. In all the injuries tattooing was also present. Their evidence is fully corroborated by medical evidence. We have already found above that as per the statement of Dr. Shukla injuries of all these injured persons were found bleeding and were fresh in duration. This fact leaves no room of doubt that the incident had occurred in broad day light. In all the injuries tattooing was also present. This also shows that the firing was made not from a long distance. All the accused persons were known to the victims from before the incident and since these witnesses were seriously injured in broad day light they could have easily seen the faces of the persons making attack upon them and their appearance and identity would well remain imprinted in their minds. They would be the last persons to rope in innocent persons by shielding the real culprits. The facts stated by P. W. 8 Ram Chandra in his deposition before the trial Court are substantially a retaliation of the version which was given to police by him in his first irformation report lodged at the police station Kotwali on the same day at 2. 15 p. m. It may be mentioned here that police station was 5 kilometers away from the place of occurrence. As he himself and other injured witnesses had first gone to hospital for medical aid the written report was sent to police station through Hari Narain, the scribe of the F. I. R. Therefore, it can safely be held that there has been no delay in lodging the first information report and the same was lodged with all promptitude. The first information report of the present case whose author was himself a victim of firing made by assailants, carries with it great corroborative value. All the three injured witnesses produced at the trial were cross examined at length but they remained unshaken and gave a vivid account of the incident. Nothing material could come out in their cross examination to discredit them or to make their evidence shaky. They all withstood the test of cross examination with courage and after going through their evidence carefully we find the same to be reliable and acceptable. ( 20 ) P. W. 4 Sharma son of Land Chand was the boat man. He stated that on the day of occurrence, he saw 10-12 persons carrying a dead body on lathi and they threw the same in the river. ( 20 ) P. W. 4 Sharma son of Land Chand was the boat man. He stated that on the day of occurrence, he saw 10-12 persons carrying a dead body on lathi and they threw the same in the river. Clothes of the deceased were stained with blood. In cross examination defence could not dare ever to suggest any sort of animosity to this witness or to show his interestedness in the deceased or other prosecution witnesses. ( 21 ) IT was submitted by learned counsel for the appellants that it has come in evidence that near the place of occurrence there were shrubs of Moonj of mans hight and in all likelihood firing was made by the assailants from behind the shrubs and they could not be identified. However, this submission of the learned counsel does not get any support from the evidence on record. It has come in the deposition of P. W. 1 that the field were the Moonj Shrubs were standing was about 40 paces away from the place where Ram Adhar fell down on sustaining fire arm injuries. He further deposed that when accused persons were firing upon them they were 10-12 paces in the west of the field of Moonj shrubs. This version of his gets support from the site plan prepared by the investigating officer at the instance of witnesses when he inspected the scene of occurrence. In that site plan the place from where firing was made by accused persons was shown in the west of Moonj field. We have already pointed out above that firing was not made from a very long distance and Ramesh Thakur was assaulted by lathi and he sustained injuries on his left forearm, right arm, left ankle joint lower part of back and on left shoulder. The assailants who caused these injuries must have come in close contact of the victim. It is in evidence that Ramesh Thakur was also going alongwith deceased Ram Adhar and other victims. In these situations, there could not have been any difficulty for the witnesses in identifying their assailants in broad day light particularly when they were known persons. The assailants who caused these injuries must have come in close contact of the victim. It is in evidence that Ramesh Thakur was also going alongwith deceased Ram Adhar and other victims. In these situations, there could not have been any difficulty for the witnesses in identifying their assailants in broad day light particularly when they were known persons. ( 22 ) NOW coming to last limb of arguments of the learned counsel for the appellants that when the trial Court has acquitted accused Virendra, Kashi Nath and Dhananjay Pathak appellants are also entitled to get the benefit of doubt like those who have been acquitted. As far as this submission of learned counsel is corcerned it is now well settled that consistent evidence of eye witnesses is not liable to rejection merely on the ground that their evidence has not been accepted with regard to some acquitted accused persons. The maxim falsus in uno falsus in omnibus is neither a sound rule nor a rule of practice. It has no application in India. If upon a careful analysis of the evidence of the witnesses the same is found to be consistent and reliable so far as the convicted persons are concerned their conviction will not be liable to be set aside merely on the ground of acquittal of some of accused persons. ( 23 ) IN the case of Brathi alias Sukhdeo Singh v. State of Punjab (1991) 5 JT (SC) 217 it was held that in the matter of appreciation of the evidence the power of the appellate Court are as wide as that of the trial Court. It has full power to review the whole evidence and all relevant circumstances to arrive at its own conclusion about the guilt or innocence of the accused. When several persons are alleged to have committed an offence in furtherance of the common intention and all except one are acquitted, it is open to the appellate Court to indirectly or incidentally find out on a reapprisal of the evidence that some of the accused persons have been wrongly acquitted although it could not interfere with such acquittal in the absence of an appeal by the State Govt. The effect of such a finding is not to reverse the order of acquittal into one of conviction or visit the acquitted person with criminal liability. The effect of such a finding is not to reverse the order of acquittal into one of conviction or visit the acquitted person with criminal liability. The finding is relevant only in invoking against the convicted person his constructive criminality. ( 24 ) IT is, thus, clear that the appellate Court has full power to reappraise the whole evidence and even to record a finding that the appellants were guilty of forming an unlawful assembly with those accused persons who have been acquitted by the trial Court that their acquittal was bad. There is no law to prevent the appellate Court from expressing that view and in ignoring the finding of acquittal while determining the guilt of the appellants before it, though of course that finding will not have the effect of reversing the order of acquittal into one of conviction or of visiting the acquitted persons with criminal liability. ( 25 ) IN the present case a perusal of the judgment of the trial Court indicates that accused Kashi Nath has been given the benefit of doubt on his plea of alibi. According to him he was posted as boring mechanic at Dubhar Block and was working there at the time of occurrence as was deposed by D. W. 1 Ramjee Tiwari, whose evidence was found supportive from the documents regularly maintained in the office. The trial Court has further found that P. W. 1 Raj Dayal was having personal animosity with accused Kashi Nath. This accused was alleged to be having Lathi. Ramesh Thakur who sustained lathi injuries did not appear in the witness box to depose about the participation of Kashi Nath accused. On the basis of these findings Kashi Nath was acquitted by the trial Court. Similarly accused Dhananjay Pathak who was also alleged to be armed with lathi has been given the benefit of doubt on the ground that it was admitted by Ram Chand P. W. 3 that he had taken earnest money for his land from the father of accused Dhananjay Pathak but he denied that an account of some dispute regarding payment of money he did not allow him to take possession of the land and on account of this he was bearing enmity against accused Dhananjay Pathak. This could hardly be a ground for the acquittal of Dhananjay Pathak but since he has been acquitted and no State appeal has been filed, this Court is not in a position to reverse his acquittal but at the same time finds that his acquittal does not have any adverse effect on the case of other appellants who were armed with lathi and have been convicted. ( 26 ) THE third accused who has been acquitted is Virendra, he has been given the benefit of doubt as in the F. I. R. he was shown as son of Mahendra and resident of village Anair whereas in fact he is son of Rishimuni Yadava resident of village Magwa, P. W. 3 Ram Chandra, first informant admitted in his deposition before the Court that fathers name of Virendra accused is Rishimuni and he is a resident of village Magwa. It therefore appears that the learned Sessions Judge gave benefit of doubt to these three accused persons as Ramesh Thakur who sustained blunt object injuries at the hands of accused persons armed with lathi was not produced in the trial Court and there were only five injuries on his person whereas 8 persons are said to have assaulted him with lath, viz. , the four appellants namely Dhanji Ahir, Krishna, Shiv Shanker and Vinay alias Vijay, the three acquitted persons, Virendra Kashi Nath and Dhananjay Ahir and Radhey Shyam who died during the pendency of trial. We have already found above that it has been fully established that Ramesh Thakur was assaulted with lathi and participation of appellants Dhanji Ahir, Krishna, Shiv Shanker and Vinai alias Vijay in causing lathi injury upon him is fully established. It is now not very relevant whether Virendra, Kashinath and Dhananjay Pathak may be there or may not be there. re. re. ( 27 ) ALL these appellants came along with their associates who were armed with guns. They all launched attack upon deceased and other victims together. When Ram Adhar their main target fell down on the ground and died, his dead body was lifted on lathi, taken to river and was thrown there. In these circumstances Section 149, I. P. C. was fully attracted. They all launched attack upon deceased and other victims together. When Ram Adhar their main target fell down on the ground and died, his dead body was lifted on lathi, taken to river and was thrown there. In these circumstances Section 149, I. P. C. was fully attracted. Establishment of an overt act on the deceased is not a requirement in law to fasten criminal liability on a person who is otherwise proved to be a member of unlawful assembly. This section creates a constructive or vicarious liability on the members of unlawful assembly for the unlawful acts committed pursuant to the common object by any other member of that assembly. The basis of constructive liability under Section 149, I. P. C. is mere membership of the unlawful assembly with the requisite common object or knowledge. This section makes a member of unlawful assembly responsible as a principal offender for the acts of each, and all. While overt act and active participation may indicate common intention of the person perpetrating the crime, the mere presence in unlawful assembly may fasten vicariously criminal liability under Section 149, I. P. C. In the present case the appellants of criminal appeal No. 1345 of 1989 with four other accused persons having fire arms were waiting for the deceased and other victims and then they all came out together all of a sudden on the chak road as soon as the victims arrived there and were parties to the assault or the deceased and other victims, it was not obligatory or the part of the prosecution to prove what specific overt act was done by each of the accused. From the facts that they were keeping themselves in unit for the arrival of the deceased and other victims, that they were armed with lathi and their associates with fire arms, that as soon as deceased and other victims arrived near the field where they had ambushed themselves they came out and lounched attack together upon the victim using both fire arms and lathi, and that when Ram Adhar fell down and died they carried their dead body to river and threw the same there, it can be safely and conclusively inferred that all the appellants of both the appeals had formed an unlawful assembly and committed the crime in furtherance of their common object of committing murder of Ram Adhar and other victims. The prosecution case against the appellants is thus proved beyond doubt. We accordingly uphold conviction of all the appellants under Section 302 read with Section 149, I. P. C. ard their sentence of life imprisonment is maintained. ( 28 ) APPELLANTS have also been found guilty under Section 307 read with Section 149, I. P. C. for causing injuries to other victims namely, Raiksha Thakur, Raj Dayal Thakur and Ram Chandra Thakur. A perusal of the injury reports of the victims would show that none of the injuries had caused any internal damage nor Dr. V. K. Shukla in his deposition has given any opinion that the injuries of the victims were dangerous to life or were sufficient to cause their death in the ordinary course. In this view of the matter conviction of the appellants under Section 302 read with Section 149, I. P. C. is not sustainable. Their conviction is, therefore, altered to Section 324 read with Section 149, I. P. C. for causing fire arm injuries to Raiksha Thakur, Ram Chandra Thakur and Raj Dayal Thakur and under Section 323 read with Section 149, I. P. C. for causing simple hurt to Ramesh Thakur. They are sentenced to 3 years R. I. and one year R. I. respectively under these counts. ( 29 ) SO far as conviction of appellants under Section 201, I. P. C. is concerned it is also upheld as it has been established from evidence on record that after making murderous assault upon Ram Adhar by fire arms, his body was carried to river and was thrown therein with a view of causing disappearance of evidence of the offence of murder. However, the trial Court committed an error in awarding imprisonment for life as the maximum sentence awardable under this section is 7 years. We thus modify the sentence of life to a period of 5 years R. I. under Section 201, I. P. C. Conviction and sentence of appellants under Sections 148 and 147, I. P. C. are also upheld. All the sentences shall run concurrently. ( 30 ) FOR the above reasons this appeal is allowed in part. Conviction and sentence of imprisonment for life under Section 302 read with Section 149, I. P. C. of all the appellants are maintained. Their conviction and sentence under Section 148, I. P. C. and 147 I. P. C. , are also maintained. ( 30 ) FOR the above reasons this appeal is allowed in part. Conviction and sentence of imprisonment for life under Section 302 read with Section 149, I. P. C. of all the appellants are maintained. Their conviction and sentence under Section 148, I. P. C. and 147 I. P. C. , are also maintained. Their conviction under Section 201, I. P. C. is also upheld but their sentence of imprisonment for life under that count is reduced to five years R. I. Their conviction under Section 307 read with Section 149, I. P. C. is altered to Section 324 read with Section 149 and 323 read with Section 149, I. P. C. and they are sentenced to undergo R. I. for three years and one year R. I. respectively. All the sentences shall run concurrently. All the appellants are on bail. They shall be taken into custody forthwith to serve out their respective sentences as modified by this Court. ( 31 ) COPY of this order be sent to C. J. M. concerned for immediate action in accordance with law. Appeal allowed. .