JUDGEMENT

1. For an occurrence which took place on 24-6-1976, Rohan Singh and Dulare the respondents herein along with Lakhan Singh and Jai Singh were sent up for trial in connection with the murder of Naqi Raza and for causing injuries to Mashooq Khan, PW 2. According to the prosecution case on 24th June, 1976 in the evening when Daya Ram, complainant was sitting at the main door of his house talking to Natha and Hari Ram about the purchase of groundnut seeds, deceased Naqi Raza and injured Mashooq Khan arrived there. While the complainant Daya Ram was talking to Mashooq Khan, the four accused, namely, Rohan Singh, Dulare, Lakhan Singh and Jai Singh arrived at the scene of occurrence. Rohan Singh was armed with a double barrel licensed gun. Dulare with a single barrel country-made gun while Lakhan Singh and Jai Singh were armed with lathis. Jai Singh and Lakhan Singh exhorted that Mashooq Khan and Naqi Raza be killed whereupon Rohan Singh fired a shot at Mashooq Khan while Dulare fired a shot at Naqi Raza. Several persons arrived at the spot and on seeing them the accused persons fled away. The trial Court after examining the evidence on the record acquitted Lakhan Singh and Jai Si