ORDER : B.N. Agrawal, J. Heard learned counsel for the parties. 2. The sole appellant before us, along with two others was charged and tried for the offence punishable under Section 302 read with Section 34 of the Penal Code, 1860 and no separate charge was framed under Section 302 Indian Penal Code. The trial court after considering the evidence convicted all the three accused persons including the appellant under Section 302 read with Section 34 Indian Penal Code and each one of them was sentenced to undergo imprisonment for life. On appeal being preferred by all the three accused persons, the High Court of Andhra Pradesh has acquitted the two other accused of the charge but upheld the conviction of the appellant. Hence this appeal by special leave. 3. The learned counsel for the appellant submitted that in view of the fact that the other two accused persons have been acquitted by the High Court of the charge under Section 302 read with Section 34 Indian Penal Code, conviction of the appellant under Section 302 read with Section 34 Indian Penal Code could not have been upheld as according to the police report as well as the evidence of witnesses there were only three accused persons and two other persons having been acquitted and there being no fourth accused it could not be said that the appellant shared the common intention with any other accused person. Therefore, his conviction under Section 302 read with Section 34 Indian Penal Code cannot be sustained. 4. Now the question that arises for our consideration is as to whether the appellant can be convicted under Section 302 Indian Penal Code. The doctor, PW 4 found as many as fifteen injuries on different parts of the body of the deceased, including the head. He has nowhere stated that the head injury, said to have been caused by the appellant, alone was sufficient in the ordinary course of nature to cause death. Further, the doctor has not even said that the death of the deceased has been caused as a result of cumulative effect of all the injuries. In view of this, we are of the opinion that it is not possible to convict the appellant under Section 302 Indian Penal Code. 5. Further, the doctor has not even said that the death of the deceased has been caused as a result of cumulative effect of all the injuries. In view of this, we are of the opinion that it is not possible to convict the appellant under Section 302 Indian Penal Code. 5. For the foregoing reasons, the appeal is allowed, the conviction and sentence of the appellant is set aside and he is acquitted of the charges framed against him. The appellant, who is in custody, is directed to be released forthwith, if not required in connection with any other case. Appeal allowed.