ORDER :

K. Jayachandra Reddy, J.

1. Heard learned counsel.

2. This is an appeal under Section 379 Criminal Procedure Code read with Section 2(A) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. There are three appellants [original accused Bikram Singh (A-1), Sukhdev Prasad (A-3) and Sheo Shankar Singh (A-2). They along with one Swami Din Singh were tried for the offences punishable under Sections 302, 307 and 225 Indian Penal Code and Section 25 of the Arms Act read with Sections 27/5 of the Arms Act for having committed the murder of Hanumant Singh by firing gunshot on the deceased on December 5, 1972 at about 4.45 p.m. in the village Kurhena. During the same occurrence, they were alleged to have caused injuries to four persons Rahim Khan, Pheran, Pooran and Jagdish]. The prosecution case is that there was enmity between the accused and the deceased. On December 5, 1972, there was a Mela near the Majar of Saiyed Baba. At about 4.45 p.m. when the deceased along with his father Sunder Singh (PW 11) were witnessing the Mela, the accused Bikram Singh suddenly appeared with a gun which belonged to the fourth accused ? father of Bikram Singh. Bikram Singh came ve