JUDGMENT

S.B. SINHA, J.—

1.Leave granted.

2.Appellant was accused No.1 before the trial Court. He alongwith three others namely Gulab Singh, Ashok Yadav and Kalyan Singh were tried for commission of offences under Section 302/34 and 307/34 of Indian Penal Code. The occurrence took place at Village Jonhar at about 4’o clock in the evening of 31.7.1989 near a well belonging to one Dangal Singh Yadav. The first informant was the brother of the deceased Durg Singh.

3.In the First Information Report, it was alleged that the deceased went to take bath. First Informant was also going there to take his bath. When he was at a little distance from the said well, he found him taking bath. Appellant came with a 12 bore double barrelled gun. Kalyan Singh and Ashok Yadav were also armed with guns. Kalyan Singh, Ashok Yadav and Gulab Singh surrounded the well. At the exhortation of Kalyan Singh, appellant fired a shot from his 12 bore double barrel gun on the deceased. Munnalal Yadav had also come therewith his cattle. Complainant Gyansingh and Munnalal shouted whereupon Ashok and Gulab fired on them. They, however, lay down on the ground. Other villagers came to the spot immediately thereafter. T