JUDGMENT

S.P. Kurdukar, J.-The appellant accused was employed as a driver in the Pepsu Roadways Transport Corporation. The appellant alongwith Jagdip Singh, Ranjit Singh, Daljit Singh, Sukhminder Singh and Anokh Singh conspired to cause the death of Shri A.P. Pandey, the then Senior Superintendent of Police, Ludhiana. In pursuance of the said conspiracy on 9th July, 1985, at about 2.00 p.m., the appellant alongwith four others mentioned hereinabove attempted to commit the murder of Shri A.P. Pandey by driving and dashing Truck No. PNP-3477 against the staff car No. PAM-33.

2. It is alleged by the prosecution that Shri Pandey was sitting on the back seat of the staff car whereas his gunman Head Constable Bakshish Singh (PW 3) was sitting on the front side by the side of driver Shri Hari Chand (PW 1). When the car of Shri Pandey was about to cross Chowk Bharat Nagar, Ludhiana, the gunman noticed one person driving the Scooter and proceeding in front of the staff car. The scooterist took a turn towards Major Gurdial Singh Road after giving signal where a Fiat Car was parked stationary on the road facing towards Ghumar Mandi Road, Ludhiana. When the staff car proceeded towards Mall Road