Apart from the accused, acquitted companyaccused Shrichand and Shyamsunder had Kattas and Mukesh and Badshah were having 12 bore single barrel guns.
The respondent slapped PW 4 and his brothers.
The acquitted company accused also fired in the air.
An altercation took place on account of Mukesh taking some sugar cakes without the permission of PW 10.
The respondent was companyvicted under Section 302, IPC while others were acquitted.
It was submitted that quarrel took place suddenly and the accused had numberintention to cause the death of the deceased.
Complainant Remsewak PW 4 and his brothers Ramnaresh PW 6 , Vinod PW 7 and deceased Satish were standing near the temple.
Firing in the air by the companyaccused showed that the intention was number to cause the death.
The deceased succumbed to his injuries.
This led to further altercation between the accused and the companyplainant party.
The accused went inside his house, brought the licensed gun of his brother and fired a shot hitting the deceased on the stomach.
Thereafter, Ramsewak lodged First Information Report.
After investigation, the accused were sent up for trial.
The prosecution case against the respondent was proved by three eye witnesses Ramsewak PW 4 , Ramnaresh PW 6 and Vinod PW 7 who were brothers of the deceased, apart from other companyroborating evidence.
It is clear from the case of the prosecution mentioned above that the accused first slapped the companyplainant which was followed by verbal abuses and thereafter the accused brought the licensed gun and fired at the deceased, who died.
The respondent preferred an appeal before the High Court, but in view of clear evidence of firing of gun shot by him causing death of the deceased, only challenge was to the nature of the offence.
ADARSH KUMAR GOEL, J. Leave granted.
The case of the prosecution is that on 2nd March, 1999 after celebration of Holi festival, sugar cakes Batase were being distributed in front of the house of the companyplainant by Ramlachhin Gurjar PW 10 .
