When they were passing through the jungle the two appellants accosted the deceased and assaulted him.
The other appellant assaulted him on the head with a Banka.
The appellant Bhagwan Bax Singh shot with his gun on the chest of the deceased.
As Section 303 I.P.C. numberlonger survives the companyviction and sentence under Section 303 has to be set aside and companyviction has to be altered to one under Section 302 I.P.C. The main question is as to what sentence should be awarded to the appellant.
The facts of the case are fully narrated in the judgment of the High Court.
It appears that on the date of occurrence i.e. 25th December, 1978 the deceased Brij Nath was companying back along with his son and others after listening to Bhagwat Katha.
