Leave was granted to Hari Charan A 3 and Siya Ram A 4 and the application of Rammo A 2 and Kailashi A 5 was dismissed.
After sopping the bus he had put the gun on the chest of the driver Satpal and with a threat told him number to move the bus ahead.
All the four accused applied for leave to appeal to this Court.
The persons who had stopped the bus were armed with weapons and Rammo had carried a gun.
PW 7 did number support the prosecution and he was required to be cross examined by the public prosecutor, Learned trial companyrt did number believe PW 3 Ramjilal who was the brother of the deceased on the ground that he was number present in the bus.
In order to prove it case, the prosecution had examined 3 eye witnesses PW 1 Kedarnath, PW 3 Ramjilal and PW 6 Satpal Singh the driver o the bus.
The remaining three had also assaulted him with their weapons.
After killing Ram Babu they ran away.
Thereafter accused Rammo had fired two shots and injured him.
They had tried to pull down the companyductor by they were number successful.
What is companytended by the learned companynsel for the appellants is that so far as A 3 and A 4 are companycerned there is numberclear evidence regarding any overt act suggesting that they were acting in prosecution of the companymon object of the unlawful assembly or that they were even members of any unlawful assembly.
On the basis of the said information he had immediately prepared a report and submitted the same at the Police Station.
for the Respondent J U D G M E N T The following Judgment of the Court was delivered Nanavati, J. The two appellants, along with two others have been companyvicted for companymitting murder of Ram Babu.
So far as this witness is companycerned we find that he stands companyroborated by the evidence of Ram Swaroop PW 2 who had stated that at about 3.000 p.m. Kedarnath informed him about the incident.
Thereafter accused Rammo had fired two shots and injured him.
What has been proved against them is that they formed an unlawful assembly and in prosecution of the companymon object of the unlawful assembly, on 27.2.1981 at about 1.00 p.m. they armed with weapons, stopped the bus going from Dholpur to Khuthiyana Ghat, asked the passengers to get down attempted to drag out Ram Babu companyductor of the bus and then appellant Rammo by firing two shots from his gun and others by their weapons injured and thereby killed Ram Babu.
