JUDGMENT

R.G. Desai, J. - The appellant was the complainant and respondents Nos. 1 to 12 were accused Nos. 1 to 12 respectively in Sessions Case No. 66/81 on the file of the Sessions Judge, Belgaum. The respondents were tried for offences punishable under section 342, read with section 34 I.P.C., section 302 read with section 34 I.P.C. for wrongfully confining deceased Amarjeet Singh by tying him to a tree after tying his hands and legs and for causing his death by accused No. 2 firing a shot at him on his legs and accused No. 1 firing three shots-two on his chest and one on his left shoulder-on 27-8-1978 at about 3 p.m. near Chondinala near Dehare village in Ahmednagar taluk and District of Maharashtra, in furtherance of their common intention of wrongfully confining him and murdering him.

2. The defence of accused Nos. 1 and 2 was that they had gone to arrest the deceased who was involved in some cases and against whom a non-bailable warrant had been issued and when they attempted to arrest him near Dehare village where he was going in a truck towards Shirdi there was an altercation between them; that the deceased took the revolver (M.O. 9) from its holster fixed to the belt of a