Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302/307/366/376/452 & 149---Two separate incidents had occurred at two separate places by two sets of accused persons---In one incident deceased was killed in his house and rape was committed there by one set of accused persons, whereas in other incident relatives of deceased were attacked and injured by other set of accused persons in a cattle-shed near house of deceased---Trial Court convicted first set of accused persons under Ss. 302/452/366 & 376, P.P.C. whereas second set of accused persons was convicted under Ss.307 & 149, P.P.C.---Complainant had submitted that both sets of accused had committed murder of deceased in furtherance of their common intention having identical object and in achieving that object, some of accused went to house of deceased to commit murder while others went to cattle-shed and caused injuries to relatives of deceased---No evidence was available to show conspiracy between two sets of accused, when they launched attack at two different places---Accused persons who had launched attack at relatives of deceased in cattle-shed had not gone to house of deceased and participated in murder of deceased---Accused who attacked relatives of deceased in cattle-shed did not commit any overt act as regards incident in-house of deceased---High Court had rightly concurred with finding of Trial Court that two sets of accused were differently liable for commission of offences they had committed because in absence of any evidence on file to prove community of intention between accused persons who participated in different occurrences, one taking place in the house of deceased and other in the cattle-shed, there was no justification to warrant conviction of accused who attacked relatives of deceased at different place under S.302, P.P.C:--No illegality having been committed by two Courts, their s could not be interfered with in appeal. Rahman Samail v. Emperor A I R 1939 Lah. 245 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 439---Revisional jurisdiction, exercise of---High Court in its revisional jurisdiction, could not record finding of conviction in a case of acquittal as same had to be…

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