LILARAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10th of April, 1996 passed in Session Trial No. 31/95 by the Fifth Additional Session Judge, Durg. By the impugned judgment, the appellants have been convicted and sentenced in following manner with a direction to run the sentences concurrently:--

(2.) The learned Session Judge relied on the testimony of Khilavan Verma (PW-3) and held that the deceased was assaulted by knife by Lilaram (A-1) and the other 2 appellants i.e. Raju @ Laxman (A-2) and Samaylal Sahu (A-3) shared common intention with Lilaram (A-1). Raju @ Laxman (A-2) and Samaylal Sahu (A-3) also assaulted Khilavan Verma (PW-3), therefore, they were liable for punishment as above.

(3.) Mr. Atul Pandey, learned counsel appearing on behalf of the appellants, argued that the incident took place for a simple reason between the 2 groups of the students; there is no evidence that Raju @ Laxman (A-2) and Samaylal Sahu (A-3) shared common intention with Lilaram (A-1); only on account of holding the deceased, they cannot be convicted with the aid of Section 34 IPC; so far as appellant No. 1-Lilaram (A-1) is concerned, he would also not be liable for punishment u/s 302 IPC as the evidence relating to his individual act is shakey.