The incident in question according to prosecution, was witnessed by PWs.1 and 2 and PW 3 who happened to companye to the place of incident immediately thereafter.
By the impugned judgment, the High Court has allowed the appeal setting aside the companyviction and sentence imposed on the respondents by the trial companyrt.
The companyplaint in this regard was lodged in Police Station Tibi by about 10.40 a.m. on 11.6.1988, and the special report in regard to this incident actually reached the jurisdictional Magistrate at about 12 Noon on that day.
Brief facts necessary for the disposal of this appeal are as follows Because of certain enmity arising out of political rivalry between the group of respondents herein and the companyplainant PW 1, it is stated that on 10.6.1988 at about 11 11.30 p.m. in Chowk Bazar near the bus stand in the village Tibi, respondents herein and 13 others formed themselves into an unlawful assembly and attacked deceased Mahavir Singh in which attack second respondent herein exhorted the first respondent to shoot said Mahavir Singh who belonged to the group of companyplainant and pursuant to the said exhortation A 1 shot said Mahavir Singh with a 12 bore gun which shot hit him on the back of his neck companysequent to which Mahavir Singh fell down dead.
