JUDGMENT

Nanavati, J.-The two appellants, along with two others have been convicted for committing murder of Ram Babu. What has been proved against them is that they formed an unlawful assembly and in prosecution of the common object of the unlawful assembly, on 27.2.1981 at about 1.00 p.m., they armed with weapons, stopped the bus going from Dholpur to Khuthiyana Ghat, asked the passengers to get down, attempted to drag out Ram Babu conductor of the bus and then appellant Rammo by firing two shots from his gun and others by their weapons injured and thereby killed Ram Babu.

2. In order to prove its case, the prosecution had examined 3 eye-witnesses PW1 Kedarnath, PW3 Ramjilal and PW6 Satpal Singh the driver of the bus. PW7 did not support the prosecution and he was required to be cross-examined by the public prosecutor. Learned trial Court did not believe PW3 Ramjilal who was the brother of the deceased on the ground that he was not present in the bus. Relying upon the evidence of Kedarnath the trial Court convicted Rammo (A1) under Section 302 IPC and others under Section 302 read with Section 149 IPC. All the four accused applied for leave to appeal to this Court. Leave wa