spot of offence was away from the place of residence of accused, it is easy to infer that these five accused persons had formed unlawful assembly and the object of the unlawful assembly was to assault the two deceased persons. Three accused used dangerous weapons. In view of nature of evidence and the aforesaid circumstances, there is no other inference possible than to infer that injuries were inflicted intentionally by these accused. These injuries proved to be sufficient to cause the death in ordinary course of nature. For all these reasons, this Court holds that accused Nos. 1 to 3 who are convicted and sentenced by the Trial Court are liable for conviction for offences of murder of Bhaguram and Balaji punishable under section 302 r/w. 149 of IPC. For the same reason, this Court holds that they are also guilty of the offence of causing simple injury to PW 1 punishable under section 324 r/w. 149 of IPC. Thus, it is not possible to interfere in the decision given by the Trial Court against accused Nos. 1 to 3. They are convicted for the offences punishable under sections 504, 147, 148 etc. of IPC. It can be said that the Trial Court could have avoided to convict accused No. 3 for the offence punishable under section 148 of IPC in view of nature of weapon used by him. However, the sentences will run concurrently and no fine is imposed by the Trial Court and so for that reason it is not necessary to disturb any part of the decision given by the Trial Court.
