JUDGMENT

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court, Gwalior Bench, directing acquittal of the respondents. Learned 4th Additional Sessions Judge, Morena, had convicted respondent No.1 for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and Sections 25 and 27 of the Arms Act, 1959(in short the ‘Arms Act’). Respondent No.2 was convicted for offence punishable under Section 302 read with Section 34 IPC.

2.Background facts in a nutshell are as follows:

On 3.10.1998 Sohan Lal (hereinafter referred to as the ‘deceased’) his son Ram Het, Dhanvanti, Ramswaroop, Kaptan Singh and Bhagwan Singh came to Morena from Village Rajyekapura for the treatment of Dhanvanti and to purchase fertilizer. They were returning back to their village in a bullock cart at about 3.00 p.m. Said bullock cart was being driven by Bhagwan Singh and the deceased Sohan Lal and Ram Swaroop were behind the bullock cart. Ramhet, Dhanvanti and Kaptan Singh were sitting in the bullock cart.

When the said bullock cart reached near Shivlal-ke-pura Ki Mata, at that juncture accused Prem Das armed with a gun and