Judgment

KAILASAM, J.:- This appeal is preferred by Jetharam against the judgment of the Rajasthan High Court allowing the appeal by the State against his acquittal by the Sessions Court and convicting him under S. 302 I.P.C. and sentencing him to imprisonment for life.

2. The short facts of the case, as spoken by P.W. 1, the main eye witness is that Jetha Ram, the appellant before us was having a flock of sheep in the village Barasinghsar. There was acute shortage of water and therefore the villagers protested against the appellant keeping a large flock when there was not even enough drinking water in the village. Because of the villagers protest, Jetharam removed his flock to the adjoining villages but ultimately came back to the village and about two days before the occurrence P.W. 1 Jagannath had his turn to take water from the well in the village. The appellant Jetharam brought the flock to the well and began watering them. P.W. 1 Jagannath protested but Jetha replied that he would settle the matter on Holi and went away with the flock. On the full moon day (two days later) the villagers gathered at Ger Ki Gwar for celebration of Holi. They burnt Holi and when the villagers were enjoying the festival, some of them playing Kabaddi at about 10.00 P. M. the appellant Jetha fired a gun from the roof of the Govinda Sunars shop. There were about 300-400 villagers assembled there at that place. As soon as the first gun shot was fired, one of the persons sitting at the Gwar raised a cry. A minute or two later another gun shot was heard. After hearing the second gun shot, people started running. P.W. 1 went to the house of Sarpanch and asked him to report the matter to the police. As Bega Ram, Sarpanch was ill, he directed P.W. 1 to go to the Railway Station and send a telegram. Immediately P.W. 1 went to the Station and despatched a telegram to the Superintendent of Police, Bikaner. In the telegram P.W. 1 stated as follows :-

"Jetharam son of Purkharam started firing at Barasinghsar. Seven persons got bullet shots. Great danger of life to other. Arrange for safety immediately."

3. After despatching the telegram P.W. 1 returned to the village and went to the Gwar and found other witnesses. He found six persons lying dead and 12 others injured by gun shot injuries. At about 3 or 4 A.M. on the same night the Sub-Inspector arrived in the village and inspected the dead bodies and examined the injured persons.

4. The prosecution examined as many as 13 eye-witnesses of whom 10 P.Ws. 4, 5 and 11 to 16 had received gun shot injuries.

5. During the course of the investigation and at the time of the evidence, the witnesses stated that they saw apart from Jetharam, eight other accused. In the course of the testimony they spoke about the presence of the other accused on the roof of the house from which Jetharam fired these shots.

6. The learned trial Judge who tried the case acquitted all the accused. He acquitted the accused other than Jetharam on the ground that the evidence relating to conspiracy was not acceptable and that their names were not mentioned in the telegram.

7. The State preferred an appeal to the High Court of Rajasthan against the acquittal of the accused. The High Court confirmed the acquittal of other accused but set aside the acquittal of Jetharam and found him guilty under S. 302 I.P.C. and sentenced him for life imprisonment.

8. The High Court in its judgment has found that the evidence of the eye witnesses are clinching and that there are no grounds for disbelieving their testimony. It also referred to the fact that immediately after the occurrence P.W. 1 went to the Sarpanch and finding that he was ill went to the Railway Station and despatched a telegram with utmost expedition. In that telegram the witness P.W. 1 had reported for Jetharam who fired the gun. Whether conclusion that may be arrived at regarding other accused whose names were not mentioned at the earlier stage, there could be no difficulty in holding Jetharam as