R. K. CHOWDHRY, J. :-

Two men, Manno Kumar and Himmat Singh, were shot at, the former fatally and the latter to receive grievous injury, at noon on September 10, 1955, at the junction of the road from Rangsaz Mohalla and the one running between the Rajwan Bazar and the Saddar Bazar Police Station in the city of Meerut. One Jai Prakash, also shortly described as Jai, is said to have fired the shots from arevolver.

On a charge of the offences having been committed in furtherance of an intention shared by him with the principal offender, the appellant Satyavir, aged 24 years, resident of Mohalla Durga Bari within, the said police station, has been convicted by the learned Sessions Judge of Meerut under S.302 and S.325, read with S.34, I. P. C, and sentenced to death under the first count and to rigorous imprisonment for 3 years under the second. Satyavir has appealed from that judgment and order, and the proceedings are also before us under S. 374, Cr. P. Code, for confirmation of the sentence of death.

2. The prosecution case was as follows. The deceased Manno Kumar, whose probable age according to the post mortem report was 18 years, and Bir Singh P. W. 1 were students of the