JINARAM KACHARI Vs. THE STATE

JUDGEMENT

(1.) THIS is a jail appeal from the order of the Sessions Judge, L, A. D., dated 3 -6 -19S0 by which Jinaram Kachari, appellant, was convicted under Section 460, I. P.C. and under Section 304, Part II, I. P.C., read with Section 34, I. P.C. He was sentenced to undergo E. I. for 3 years under Section 460 and to 4 years R. I. under Section 304 Part II. Both the sentences were to run concurrently.

(2.) THIS case was admitted to a hearing on the question of sentence. The charge against the appellant was the two heads. It was as follows:

(3.) UNDER the second bead the accusation against him was that in furtherance of the common intention of all he committed an offence under Section 304 read with Section 81, I. P.C. This is a repetition of one of the ingredients of the first head of the charge. The only question is as to whether, in the circumstances of this case, it separate conviction under Section 304 read with Section 34, I. P.C., was justifiable. The learned Government Advocate has conceded that it was not. The error in the verdict of the jury is apparently due to a misdirection on a question of law. This also is not disputed.