JUDGMENT :

Abhay S. Oka, J.

1. Leave granted.

FACTUAL ASPECTS

2. Appellant (accused no.2) was convicted by the Sessions Court by the Judgment dated 27th August 2003 for the offences punishable under Section 302 read with Section 120B of the Indian Penal Code (for short, ‘IPC’). For the offence under Section 302, the appellant was sentenced to undergo life imprisonment. He was also convicted for the offence punishable under Section 307 read with Section 120B of IPC, for which he was sentenced to undergo rigorous imprisonment for 7 years.

3. The allegation against this accused, along with one Vimal (since deceased) and five others, was that on 01st October 1995, around 03:30 pm, they conspired to criminally intimidate and commit the murder of Jawahar Lal (PW-3) and his relatives. The allegation is that PW-3 was running his own cable TV network, and the accused wanted him to stop the said cable TV network. The allegation of the prosecution is that on 01st October 1995 at about 03:30 pm, the accused entered the house of PW-3 Jawahar Lal where he, along with his family members, were residing. Accused nos.4 and 5 fired bullets from their revolvers at Omi Devi, mother of PW-3 and Chander Shekh