MADAN MOHAN LAL, J.

( 1 ) THIS is a alminal appeal against the judgment and, order dated 6-11-1978 passed by Sri. V. S. Agarwal, the then ill Additional Sessions Judge, Agra by which he has convicted the above named three appellants under Sections 302 of the Indian Penal Code and 201 of the Indian Penal Code. (without the held of Section 34 of the Indian Penal Code.) and has sentenced each of them to undergo imprisonment for life and Rigorous Imprisonment for one year respectively thereunder.

( 2 ) AJAI Singh, appellant, and his father Ausan Singh, were running a transport company by the name of Local Transport and Ajai Goods Carrier, Shyam Lal and his father Natthi Lal, informant, had five trucks which were attached to the said company. On 6-7-1977 Natthi Lal informant and his son Shyam Lal, deceased, separated and opened their own separate transport company by the name and style of Hind Local Transport Co. Ajai Singh appellant and his father Ausan Singh felt. aggrieved because they started incurring losses on account of the same. Ghanshyam, appellant, had fired a shot at Shyam Lal on 3-12-1975 for which he was being prosecuted under Section 307 of the Indian Penal Code Ajai Singh

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