ORDER Criminal Appeal No. 1392 of 2004 1. Having heard the learned counsel for the appellant at length, we do not find any infirmity in the well-merited concurrent findings of facts made by both the courts below. 2. This appeal being devoid of merits is accordingly dismissed. Criminal Appeal No. 1130 of 2004. 3. Three accused were put to trial. A-1 and A-2 were charged under Sections 302/34 IPC. A-3 was charged under Sections 302/109 IPC. The trial court convicted A-1 and A-2 under Section 302 with the aid of Section 34 IPC and sentenced them to RI for life. A-1 did not prefer any appeal. It is stated at the Bar that the sentence of A-1 has been commuted by the State Government. By a separate order passed today we have dismissed Criminal Appeal No. 1392 of 2004 preferred by A-2. 4. On appeal being preferred by A-3 the High Court has converted the conviction of A-3 from Sections 302/109 IPC to that under Sections 325/109 IPC. In view of the order that we propose to pass, it is not necessary to go into the evidence which has been placed by the learned counsel for both the sides. Suffice it to say that the principal submission of the learned counsel for the appellant that the conviction and sentence of the appellant under Section 325 with the aid of Section 109 IPC cannot be sustained for the reason that there was no separate charge under Sections 325/109 IPC for which he could have been convicted. This submission is fortified by the fact that the principal offender as referred above has been convicted under Sections 302/34 IPC. The appellant alone cannot be convicted under Sections 325/109 IPC for which no separate charge has been framed against him. Even otherwise, I evidence on record also does not make out any offence under Section 109 IPC. In this view of the matter, the conviction passed against the appellant under Sections 325/109 is not sustainable. The conviction passed against the appellant is accordingly set aside. The appellant is on bail, his bail bond and sureties shall stand discharged. 5. The appeal is allowed.