Kanwaljit Singh Ahluwalia, J.

The case of the prosecution is that on 22nd of April, 2002 at about 08.30 A.M. Chhatrapal, Mahaveer, Kakku @ Pratap, Sharvan, Kalla, Ramsingh and present appellant-Nanna @ Prahlad after consultation, with the common object, armed with lathis and guns came to the house of complainant-Ramchandra (PW-1) and constituted unlawful assembly for causing injuries to Smt. Bhago, the wife of Ramchandra (PW-1) and Bittu, the son of Ramchandra (PW-1).

2. It is a case of the prosecution that Chhatrapal fired shot from the country-made-pistoi and caused injury on the head of Smt. Bhago, whereas Nanna @ Prahlad (present appellant) fired shot from the twelve bore gun and caused injury in the abdomen of Bittu, resulting into death of both, Smt. Bhago, the wife of Ramchandra (PW-1) and Bittu, the son of Ramchandra (PW-1).

3. In the instant case, prosecution agency had sent four persons, namely (i) Ramsingh s/o Natha, (ii) Nanna @ Prahlad (present appellant), (iii) Chhatrapal s/o Kinta and (iv) Kakku @ Pratap s/o Kinta for the trial.

4. During trial of present case i.e. Sessions Case bearing No. 24/2004, Chhatrapal s/o Kinta and Kukku @ Pratap s/o Kinta were declare