Judgement

HEGDE, J. : - In these connected appeals by special leave the legality of the convictions of the appellants - appellant Mohan Rai under S. 324 of the Indian Penal Code and appellant Bharath Rai under S. 324/109 of the Indian Penal Code - is challenged. In the trial Court the former was convicted under S. 307 of the Indian Penal Code and the latter under S. 307/109 of the Indian Penal Code. The High Court of Patna, in appeal, altered their convictions as set out above.

2. In order to appreciate the contentions advanced on behalf of the appellants it is necessary to state briefly the prosecution as well as the defence version. The case made out by the prosecution is that because of previous enmity Mohan Rai shot and injured P. W. I Balli Ahir, at the instigation of Bharath Rai, on the evening of October 8 1961, in Natwar Bazar. The existence of enmity between the appellants and most of the prosecution witnesses who speak to the occurrence, is satisfactorily established. Many of the prosecution witnesses appear to have been proceeded against under S. 107 of the Code of Criminal Procedure at the instance of the appellants. The plea of the appellants was that on the day of incid