Judgment

DESAI, J.:- One Jaman Malde had his hair-cutting saloon in Village Kalyanpur in Jamnagar District. As usual he in company of his son, P. W. 15 Popat Jaman and his sisters son P. W. 16, Arvind Jhina were serving the customers on August 11, 1973. Around 3.55 P.M. on that day 6 persons entered his shop. Amongst them were 5 accused who were put up for trial and the sixth person was subsequently suggested to be Lakhamshi Natha who is absconding. Accused No. 3 Mer Dhana Sida was armed with a gun and the remaining 4 accused namely, accused 1 Mer Ram Sida, accused 2 Mer Arjan Sida, accused 4 Mer Kana Giga and accused 5 Mer Keshav Giga were armed with sticks. On entering the shop the four accused armed with sticks started inflicting blows on Jaman Malde, Popat Jaman and Arvind Jhina. At about that time one Ramshi Ram had come to the shop for his shave. He intervened and attempted to persuade the accused not to beat Jaman and others. Accused No. 3 fired his gun at Ramshi Ram and caused injuries to him. Karsan Malde, the brother of Jaman Malde who was in the neighbouring shop came running to that place and attempted to intervene when accused No. 3 Mer Dhana Sida fired his gun at him.