The trial Court, however, companyvicted all the appellants and sentenced three of them to undergo imprisonment for life but Ramesh Chandra, however, was sentenced to death.
There were dispute in respect of an auction for the fishery rights between the first respondent and the deceased.
The second respondent Ramesh Chandra is his brother and had a licensed rifle.
In this appeal the State has questioned the judgment of the High Court on the ground that all the four respondents ought to have been companyvicted under Section 302 read with Section 34 of I.P.C. The prosecution case is as follows The respondent Suresh Chandra is the Pradhan of village Maagdapur and has a licensed pistol.
At this juncture, on the exhortation of the other respondents Ramesh Chandra shot the three deceased persons.
It is alleged that Ramesh Chander, the second respondent herein, who is armed with the firearm shot dead the deceased persons.
On 3 10 76 the deceased and his three sons including P.W. 1 went to the market for purchasing some foodgrains.
They spread their phar near that of P.W. 4.
Shyam Sunder, father of the third respondent also had a licensed gun.
So far as the accused Ramesh Chandra is companycerned the High Court took the view that he has exceeded the right of self defence and accordingly companyvicted him under Section 304, Part 1, I.P.C. and sentenced him to undergo imprisonment for life.
The first respondent abused the deceased and he grappled with him.
2 with their money a bid amount.
The report was given and the Investigating Officer reached the spot and sent the dead bodies for postmortem.
There was exchange of harsh words between them.
Three days before the incident the deceased and his two sons and P.W. I went to respondent No.
1 and 2 were also there all the four appellants came there armed with weapons.
This was witnessed by P.W. 3 and P.W. 4.
The four respondents were companyvicted under Section 302 read with Section 304, I.P.C. by the trial Court.
As mentioned above the trial Court accepted the prosecution case and companyvicted them.
Ratnavel Pandian, J. This is an appeal by State.
About 4.00 P.W. when PWs.
Medical evidence shows that these three persons shot dead and they died because of the injuries caused by firearm.
He set up a plea of self defence.
