JUDGMENT :

1. Vide this judgment above mentioned two appeals would be disposed of, as they have arisen out of common judgment/order dated 30.8.1989 passed by the trial court.

2. Prosecution story, in brief, is that on 10.6.1988 at about 5:00 PM, Lalti, Kashi, Kartar Singh, Komal, Prem Singh and Gola came to the house of the complainant Soran armed with sticks, guns and pistols. Kashi and Lalti were armed with country made pistols, whereas, Kartar Singh, Prem Singh and Komal were armed with 12 bore guns. Gola was armed with a stick. Lalti said to the complainant that his daughter-in-law was taunting him with regard to his losing the election. The complainant, his son-in-law Dariyab and daughter Shursho requested Lalti not to fight, with folded hands, but the accused did not pay any heed to them. Accused started firing from their weapons. Komal fired at Dariyab from his 12 bore gun. Prem Singh fired from his 12 bore gun at Shakuntala. Kashi fired from his country made pistol at Kallo and Rajjo. Lalti fired from his country made pistol at Kusma. The complainant in order to save himself went to the roof of the house of his brother Heera Lal. Accused continued firing from their weapons. Kartar Singh fired at Heera Lal while standing on the roof of his house. As a result, Heera Lal suffered fire arm injury. Gola gave stick blows to the complainant.

3. After completion of investigation and necessary formalities, challan was presented against Prem Singh, Komal, Kashi, Lalti, Kartar Singh, Gola and Patmal and Biri @ Veeri.

4. Charges were framed against the accused under Sections 148, 302 read with Section 149, 307 read with Section 149 and 323 of Indian Penal Code, 1860. Charges were also framed against the accused Kashi and Kartar Singh under Section 3/25 of Arms Act, 1959.

5. Accused did not plead guilty to the charges framed against them and claimed trial.

6. In order to prove its case, prosecution examined twenty-seven witnesses during the trial.

7. After the close of prosecution evidence, accused when examined under Section 313 Cr.P.C. prayed that they had been falsely involved in this case due to enmity. Accused examined two witnesses in their defence.

8. The trial court vide impugned judgment dated 30.8.1989 ordered the acquittal of accused Gola, Patmal and Biri @ Veeri of the charges framed against them. So far as accused Komal and Kartar Singh are concerned, they were convicted and sentenced qua the offence punishable under Section 302 IPC and were acquitted of the other charges framed against them. So far as accused Prem Singh is concerned, he was convicted and sentenced qua offence punishable under Section 307 IPC and was acquitted qua other charges framed against him. So far as accused Kashi and Lalti are concerned, they were convicted and sentenced qua offence under Section 324 IPC and were acquitted of other charges framed against them. Hence, the appeal has been filed by the accused Kartar, Komal, Prem Singh, Kashi and Lalti challenging their conviction and sentence as ordered by the trial court, whereas, the State has filed the appeal challenging the acquittal of accused Gola, Patmal and Biri @ Veeri and have also sought conviction of the accused Prem Singh under Section 302 IPC and all the accused for offence under Section 148/149 IPC.

9. So far as accused Lalti is concerned, he died during the pendency of the appeal and appeals qua him were disposed of as having abated vide order dated 12.4.2010.

10. Learned State Counsel who is assisted by the learned counsel for the complainant has submitted that the prosecution had been successful in proving its case. All the accused had come to the spot armed with weapons and they all shared common intention to commit the crime. Accused had committed the murder of three persons and ten persons had suffered injuries. So far as accused Prem Singh is concerned, he had fired at Shakuntala and as a result, she had died. The trial court has erred in ordering conviction of Prem Singh under Sectio