JUDGEMENT

R.M. Lodha, J. —

This criminal appeal by special leave arises in the following way. On October 3, 1990 at about 9.30 a.m., a certain Bhoop Singh, resident of Badopal, owner of the vehicle (Jeep) bearing registration no. DNC-9324 asked his driver—Hari Singh (PW-6) to bring Ami Lal from his Dhani situate in the village Bhodia Bishnoian. PW-6 reached there and waited for about an hour. Ami Lal and his brother Chhotu Ram (PW-9) then accompanied PW-6 in the Jeep. One Sant Lal, who was present at Ami Lal’s Dhani also sat in the Jeep as he also wanted to go to Badopal. Ami Lal sat in the front seat near PW- 6. PW-9 and Sant Lal occupied the rear seat. On their return, while PW-6 was driving the jeep towards village Bhana, he saw one white gypsy belonging to Jee Ram (A-4) ambushed near the cremation ground. PW-6 stopped his vehicle. Immediately thereafter A-4, Prithi (A-5)— appellant herein, Ram Singh @ Guria (A-1), Ram Singh @ Ram Dhan (A-2) and Mahabir Singh (A-3) armed with guns and rifles came out of the bushes. A-4 fired a shot which hit the tyre of the jeep. A-1, A-2, A-3, A-4 and A-5 then rushed towards the Jeep. A-4 fired shot at Ami Lal while A-1 fired shot that hit Sant L