R.S. VERMA, J.—I have perused the judgment prepared by my learned brother Honble Justice Jain. I am in entire agreement with him that this appeal must succeed. However, I would like to state briefly the salient features of the case, which persuade me to concur with my brother.

2. There is absolutely no doubt that on 6-11-82, an incident did take place at about 5 p.m. at which deceased Hari Ram received a gun shot injury and in consequence thereof he breathed his last on 7-11-82 at about 7.15 a.m. in the Government Hospital at Sri Ganganagar. In this very incident, P. W. 1 Bhanwa Lal received two simple injuries by blunt object and two simple injuries by some sharp object (vide injury report Ex. P. 20). Also injured in this incident was P. W. 2 Krishna, who received four simple injuries by blunt object, one grievous injury by sharp object and one simple injury by sharp object (vide injury report Ex. P. 19),

3. Four persons were put up for trial after due investigation and due commitment viz. the present appellants Dharam Pal and Shankar and two co-accused, Krishna and Satpal. Learned trial Judge did not find the prosecution case established against Krishna and Satpal but found proved in respect of Dharam Pal and Shankar as noticed in the judgment of learned brother Honble N. K. Jain, J.

4. The gist of the prosecution story is that all the four accused Dharam Pal, Shankar, Sat Pal and Krishna are sons of one Sohanlal who owned and possessed Square No. 60/281 in village 9 DBN. Out of this land, 10 kilas bearing Nos. 1,2,9,10,11,12,19,20,21 and 22 forming one block had been sold to Hari Ram and his sons Om Prakash, P. W. 1 Banwari, P.W. 2 Krishna and P.W. 3 Hanuman some two years prior to the incident and the possession of these kilas had also been handed over to the vendees. However, the vendors retained possession over remaining other kilas of the square, which formed the eastern block of the square viz. Kila No. 3 to 8. 13 to 18 and 23 to 24 (vide Ex. P. 4 site plan and its legend Ex. P. 25). On Kila No. 13 stood the residential dhanli of the accused persons.

5. It appears that the cattle of accused persons used to stray into the block of vendees and cattle of Hari Ram and his sons used to stray in the block of the vendors and because of this there was some straining of relations between the two sides.

6. The gist of the prosecution case further is that on the fateful day at about 5 p.m. P.Ws. 7 Banwarilal, Krishna and Hanuman and their father Hari Ram were busy in agricultural operation in their block. P. W. Hanuman was cutting guwar crop standing in Kila No. 21. P.W. 1 Banwari Lal and Krishna were cutting guwar crop standing in Kila No. 19. They were also removing the said crop to Kila No. 12, where Hari Ram was sitting. All of a sudden all the four accused named above entered the block of the vendees and they started abusing Hari Ram. At that time Dharam Pal was armed with a 12 bore gun, Shankar was armed with a pistol while Krishna and Sat Pal were armed with Kassis. When the accused-persons started abusing Hari Ram, P.W.l Banwari and P.W. 2 Krishna rushed to Kila No. 9. Hari Ram also reached that Kila 9. All of a sudden Dharam Pal fired his gun at Hari Ram hitting. Hari Ram on the left shoulder, with the result that Hari Ram fell there. Upon this P.W. 1 Banwari Lal snatched the gun from the hands of Dharam Pal. At this accused Sat Pal dealt various kassis blows to Banwari and Shankar fired his pistol at Banwari and his brothers but fortunately none was hit. Accused Krishna dealt Kassi blows to P.W. 2 Krishna. At this, Hanuman rushed from Kila No. 21 to Kila No. 9 with the result that all the accused persons ran away. Hanuman then went to village, brought a tractor and Banwari, Krishna, Hanuman brought Hari Ram to Suratgarh Police Station. P.W. 1 Banwari lodged a report of this incident viz. Ex. P. 1 at about 8 p.m. the same day and also produced the gun, which he had allegedly snatched from Dharam Pal. P.W. 10 Abdul Razak duly

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