Wali Ullah, J. - (1.) Two questions have been referred for decision by the Full Bench : 1. ''Whether it is possible to convict an accused person of an offence under Section 304, Part II, read with Section 34, Penal Code ?
(2.) Whether to establish a charge under Section 325 read with Section 34, Penal Code, where several persons strike another with lathis, it is necessary to establish specifically that one or more of them actually caused grievous hurt ?" 2. At the time of the hearing before us the second question has been redrafted with a view to bring out more clearly its real implication. Redrafted, the second question stands thus : "2 (a). If a person is attacked by several persons numbering less than 5 and grievous hurt is caused, and it is not known who caused the grievous hurt, can all of them be convicted of causing grievous hurt, with the aid of Section 34, Penal Code ? 2 (b). If a person is attacked by several persons numbering less than 5 and grievous hurt is caused, and it is known which of them caused the grievous hurt, can others be convicted of grievous hurt with the aid of Section 34 ?"
(3.) With regard to the first question, it may be stated at once, there is a serious conflict of judicial opinion. Learned counsel for the parties have invited our attention to a large number of cases, the more important of which will be referred to and discussed at appropriate places in the course of this judgment.;