1. - This is a criminal appeal under Section 374(2) Cr. P.C. against the judgment of learned Addl. Sessions Judge, Deeg, dated 17-12-1983, by which accused appellant was convicted and sentenced to life imprisonment for offence under Section 302 I.P.C.

2. Briefly, the facts of the case are that the sons of deceased Amir Singh had committed murder of Chanku Singh, whose case was pending in the Court. On 23-31983 the date of that case was fixed in the court, therefore, on that day in the morning deceased Amir Singh PW 3 Atma Singh and PW 7 Inderjeet Singh boarded Bus No. RRM 7445 from Kasba Nagar for coming to Deeg. In the same Bus, all the accused persons in that case were also travelling. When the bus reached near village Narayana, accused Viri Singh and Kumari Reshma are alleged to have attacked deceased Amirsingh with swords, due to which be fell down in the bus and accused Chanku, Pyari, Virma and Laxmi also caused injuries to him knives. On account of injuries of swords, the neck of the accused was cut off and he died on the spot. Accused Chanku Singh fired from his 12 bore gun, which struck in the roof of the bus. The conductor of the Bus Nand Kishore (PW 4) drove on mo