JUDGMENT

 The appellant, Nagendra Pal Singh and his two brothers by name, Virendra Pal Singh and Phulendra Pal Singh took their trial on the allegations that on 30-7-1974 at about 6.00 p.m. in furtherance of their common intention the appellant, Nagendra Pal Singh fired 7 or 8 rounds with his licensed gun killing the deceased, Devi Singh and injuring six other witnesses. On the above allegations, the appellant was charged for the offences punishable under Ss. 302, 307, 324 and 323 read with S. 34, I.P.C. and his two other brothers (since acquitted) were charged for offences punishable under S. 302 read with S. 34, I.P.C. and S. 323 read with S. 34 , I. P.C. The facts of the case can be summarised as follows:

Both the parties reside in the same village. They had a dispute over the enjoyment of a common passage. On the day prior to the occurrence i.e. on 29-4-1974 at 9.00 a.m. Virendra Pal Singh and Phulendra Pal Singh beat Brij Pal Singh uncle of Brij Raj Singh for the latter obstructing the construction of the house of the accused on the ground that they have encroached upon the common passage. In respect of this incident, a first information report was lodged by the victim Brij Pal