MEHTA, J. :- The prosecution story, in brief, is that on October 12, 1967, at about 8 P. M., when the two brothers Harnendra Singh and Bayant Singh, sons of Jodh Singh, were taking their meals in their house in village 12 F. F., they heard the shouting of the three persons Guljara Singh, Singhara Singh, sons of Kishan Singh, and Mit Singh son of Sohan Singh as also that of Darbara Singh (deceased), son of Kishan Singh. Both Harnendra Singh and Bayant Singh came out of their house and saw the above named persons on the culvert at a distance of about 5 "Paundas". Guljara Singh and his partymen challenged Harnendra Singh and Bayant Singh and asked them to proceed forward. Thereupon Bayant Singh hurled abuses at them. Darbara Singh, Mit Singh and Singhara Singh were empty handed. The accused Guljara Singh was armed with a 12 bore gun. Guljara Singh fired his gun at Bayant Singh hitting him on his hand. He again fired his gun hitting Bayant Singh at his left flank, as a result of which he fell down. Harnendra Singh, Jeet Singh, Sukhvender Singh and Bachan Singh took Bayant Singh inside their house. Later on, he was taken to the railway station, Jorawar-Singhpura, in a bullock c