JUDGMENT

Rohinton Fali Nariman, J.

The incident which occurred in the present case took place in the dark on 30th January, 1990. 30 January is a dark day in world history. Charles I of England lost both his crown and his head on this day in 1649. Hitler came to power on this day in 1933. And the Father of our Nation was assassinated on this day in 1948. The backdrop of this incident occurred when one Ajij Khan and Shabbir Khan, had contested a Panchayat election. Shabbir Khan was elected as Sarpanch resulting in bad blood between the complainant party and the accused/appellants. On the date of the incident, one Chhote Khan lodged an FIR of the said incident in which he stated that one Sayeed Khan had told him that when he was coming from village Shyampur to Mukhtyar Nagar, Hafiz Khan, Jafrudeen and three to four other persons came and questioned him as to why he had raised a shoe on the aforesaid Shabbir Khan, who was the Sarpanch in the town of Sehore. Chhote Khan with three others went to lodge a report to this effect in Shyampur. Further, when they came near the Culvert of Ganda Nala at about 06:30 p.m. to 07:00 p.m. then on the way to the Culvert eight persons, namely, Hafeez Kha