P. N. S. CHOUHAN, J.

( 1 ) APPELLANT's family had old and deep-rooted enmity with the family of Ganga Prasad (deceased ). On 9-3-1985 Ganga Prasad had thrown car-cass of his Ox in his field which started emitting such obnoxious odour that labourers working at the construction site of the appellant stopped work. Though Ganga Prasad promised to remove the car-cass on being asked by Ramkripal he had not done so till 11-3-1985. On that date at 7-00 a. m. weilding a licensed single barrel 12 bore gun he went to the house of Ganga Prasad to remind him in this behalf. These facts are not disputed.

( 2 ) AS per prosecution, the appellant demanded as to why the car-cass was not removed and on Ganga Prasad saying that he will get it removed no sooner the sun was bit warmer, the appellant hurled filthy abuses at him and shot him dead on the spot. His mother Gujratiya came there and protested only to be shot dead by the appellant. The defence version is that Ganga Prasad and his sons tried to snatch away the gun from the appellant and in that process the fire-arm accidentally went off killing both the deceased. The appellant along with his four sons was tried on charge of riot, attempt to comm

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