MEHTA, J.—By his judgment, dated September 24, 1966, Sessions Judge, Ganganagar, convicted the accused Ramchander under sec. 302, read with sec. 34, I. P. C., and sentenced him to imprisonment for life. He was also convicted under sec. 307, Indian Penal Code, and sentenced to rigorous imprisonment for five years. Both the sentences were ordered to run concurrently. By the same judgment, Budh-ram was convicted under sec. 302, I.P.C., and sentenced to imprisonment for life. He was also convicted under sec. 307, read with sec. 34, Indian Penal Code, and sentenced to suffer rigorous imprisonment for five years. Both the sentences were directed to run concurrently.

2. Prosecution story can be summarised in this way: There were two factions in the village Lalewala, Police Station, Padampur, District Ganganagar, The accused Budhram and Ramchander belonged to one faction. Jeeraj and others owed allegiance to the other rival group. It is alleged that Budhram and Ramchander gave false evidence against Jeeraj and others in some litigation. On December 29, 1965, P. W. 5 Hansraj S/o Bagrawat, a relation of Jeeraj, and P. W. 6 Jagdish S/o Jeeraj left their fields at about 3 p. m. with their camels, loaded with sugar-canes and when they passed in front of Ramchanders house, his son Budhram and his wife rebuked them and asked them as to how they could venture to pass that way. Both the persons told Budhram and his mother that they had every right to make use of the public way. This was followed by further altercations between Budhram and his mother on the one side and Hansraj and Jagdish on the other. In the course of quarrel, Hansraj was beaten. He sustained eight injuries, which were simple in nature. Jagdish too hit Budhrams mother with a sugar cane, which he was holding in his hand. Thereafter, Jeeraj, his son Shanker, Bagrawat and his son Hanuman left their fields for their village Lalewala at about 4.30 p.m. On their reaching the vicinity of the house of Hazari, they heard a gun fire from behind. They turned back to discern as to what the matter was. They noticed that Ramchander and Budhram stood at a distance of about thirty steps from them. Budhram was armed with a double barrel gun. Ramchander was equipped with a single barrel gun. Budhram then immediately fired and hit Shanker. The victim sustained an injury on his fore-head, as a result of which he, after falling down, expired instantaneously. Subsequently Ramchander also fired his gun, hitting Bagrawat and his son Hanuman. Hanuman received injuries on his right shoulder. Bagarawat sustained injuries near his neck. Soon after Jeeraj raised an alarm. Ramjas came from the side of a Digi. Brijlal and Sohanlal also arrived there. The accused persons then ran away towards their house. First information report of the occurrence was lodged by Jeeraj that very day at about 8-30 p.m., with the Police Station Padampur, which is at a distance of about 17 miles away from the spot of occurrence. On receipt of the report a case was registered under secs.302 and 307, I.P.C. and investigation followed. The police prepared site plan, Ex. P. 2; Description memo of the corpse of the deceased Shanker Ex. P. 4; description memo of the spot Ex. P. 8; seizure memo of the 12 bore gun Ex. P. 11 information memo regarding the recovery of another 12 bore gun Ex. P. 12; and its recovery memo Ex. P. 13, Bagra-wat was examined by the Medical Officer, General Hospital, Ganganagar, Dr. S.N. Vyas, P. W. 11, on December 29, 1965. Following injuries were found on his person:

(1) Oval lacerated gun shot wound 1/2" x 1/3" on the left side neck and space between it and the tip of left shoulder region, the margins were inverted.

(2) Oval lacerated gun shot wound 1/2" x 1/2" on the left side neck between it and the tip of the left shoulder region 3"x3" to the injury No. 1 with everted margins.

Hanuman was also examined by the above-named Doctor on the aforesaid date and the following injuries were noticed on his person:

(1) O

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