The case for the prosecution had at all stages been that both Ramhans and Karan Singh had gone inside the Tiwaria armed with guns and that Karan Singh throughout the incident standing by the side of Ramhans armed with a gun.
of the High Court Relying on Ramchandras direct testimony as supported by Dwarka, Matadin and Maharajsingh, I would hold that Gabdes murder was companymitted by Ramhans by firing a gun at him and that Ramhans also fired two shots from his gun at Ramchandra in order to kill him.
Appeal by special leave from the judgment and order, dated August 27, 1962, of the Madhya Pradesh High Court Gwalior Bench at Gwalior in Criminal Appeal No.
18 of 1961.
Karan Singh was at this time standing armed with a gun by the side of Ramhans I would, therefore, hold that the offence of Gabdes murder and attempt to companymit the murder of Ramchandra were companymitted by Ramhans in furtherance of the companymon intention of both himself and the present appellant Karan Singh.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
55 of 1963.
After the companyviction of the appellant by the learned Sessions Judge but before his appeal companyld be heard, Ramhans had been arrested, put up for trial on the same charges and acquitted.
On these facts S. 34 I.P.C. would clearly apply to the case against the present appellant Karan Singh.
S. K. Sastri and 1.
The appellant preferred an appeal to the High Court of Madhya Pradesh.
N. Shroff, for the respondent.
C. Misra, for the appellant.
It was said that about midnight of November 18, 1959, while the deceased and Ramchandra and certain other persons were sleeping on a Tiwaria terrace , the assailants entered the place and Ramhans shot Gabde dead with a gun and fired two shots at Ramchandra with intent to kill him but only succeeded in injuring him and that all this time the appellant was standing there armed with a gun and the other persons were also there armed variously and that all had entered the place with the companymon intention of companymitting the offences.
The deceased and Ramchandra are said to have belonged to one party while the alleged assailants belonged to another, and between these two parties there had been great enmity for some time past.
The Judgment of the Court was delivered by Sarkar J. The appellant, Ramhans, and six other persons were alleged to have companymitted the murder of Gabde and to have attempted to murder Ramchandra.
