JUDGMENT

Harjit Singh Bedi, J. —

1. This judgment will dispose of Criminal Appeal Nos.310 of 2006 and 282 of 2006. They arise out of the following facts:

2. Mohammad Mian, one of the appellants herein, was running a fair price shop in the outer portion of his house situated in village Ferozpur, District Bareilly. At about 7 a.m. on the 20th of April 1980 Iqrar Mohammad son of Firasat Husain PW-2 went to the fair price shop to buy sugar but instead of supplying 2 kgs. of sugar as per the ration card, Mohammad Mian gave only 1 Kg. Firasat Husain then went to Mohammad Mian’s shop and remonstrated with him and asked him as to why he had supplied only half the quantity of sugar that was due on his card. Mohammad Mian, however, abused him and told him that he would give only that quantity and he could take it or leave it as he wished. Mohammad Mian immediately thereafter fired a shot at Firasat Husain with his gun hitting him on his thigh and as he turned backwards Mohammad Mian’s son, Zamir Mian, fired at him with a country made pistol hitting him on the upper right gluteal region on which Firasat Husain fell down on the ground. On hearing the sound of the firing, Riyasat Husain, father