Judgment

FAZAL ALI, J.:- In this appeal by special leave, the learned counsel for the appellant has pressed the appeal only on the question of the applicability of S. 302 read with S. 149, I. P. C. to the appellants other than Ramakant Rai. It was urged that according to the findings of the Court below, the occurrence took place in the disputed field which was claimed by both the parties. According to the prosecution case, the field in question was in the possession of the deceased Janardan and P. W. 1 and they had sown Arhar crop and had come to harvest the same. At that time the accused in a body arrived at the scene variously armed, with a view to dispossess the prosecution party by force. There was exchange of brickbats and ultimately one of the accused Ram Sewak who was armed with a gun, fired a shot which hit the right eye of Janardan as a result of which he fell down and died instantaneously. The appellant Ramakant Rai is said to have provided a cartridge to Ram Sewak before he fired the gun. In these circumstances, therefore, the conclusion is inescapable that Ram Sewak and Ramakant Rai had undoubtedly the common intention to cause murder of the deceased. As regards others,