Judgment

Srinivasan, J.-The appellant and six other persons stood prosecuted for offences under Sections 147, 148, 302 read with 149 and 307/149. They were acquitted by the Additional District Judge, Narisinghgarh, Distt. Rajgarh (Byara), M.P. State. On appeal, the High Court confirmed the acquittal of five persons but reversed the judgment of the trial Judge with reference to the appellant and another by name Ram Singh. The appellant was convicted for offences under Sections 302 and 324 IPC and sentenced to imprisonment for life u/s 302 and impris­onment for four months and a fine of Rs. 1000/- u/s 324. We are not concerned with the other accused as he has not come to this Court.

2. The case of the prosecution is shortly as follows : There was prior enmity between the accused persons on the one side and Gorelal and others on the other. The accused persons formed an unlawful assem­bly and on 29.12.86 at about 2 P.M. committed the murder of Gorelal in the jungle of Padiliya Khadi. Ram Singh and the appellant shot the deceased with a gun. They caused gun shot injuries to Nankram, Deo­chand, Beni Singh and Ramesh in the attempt to murder them. Nanak Ram became unconscious. Sewa Ram (P