Before the Trial Court 13 witnesses were examined by the prosecution.
They were further sentenced to undergo one years rigorous imprisonment with fine of Rs.
Manohar also allegedly tried to fire but he was unsuccessful.
Ramkumar, as a result of multiple injuries, died on the spot.
Another shot was allegedly fired by Maniram at Ramkumar but the same missed the target and hit the wall.
The respondents herein together with Shankerlal and Maniram were charged under Sections 148 and 302 read with Section 149 of the Indian Penal Code and were sentenced to life imprisonment for alleged companymission of an offence under Section 302 read with Section 149.
320/87 whereby and whereunder the respondents herein were acquitted of the charges of companymission of an offence under Sections 148 and 302 read with 149 of the Indian Penal Code.
500/ for companymission of an alleged offence under Section 148 of the Indian Penal Code.
At about 7 p.m. on 6.6.1986, Atma Ram PW 1, Brijlal PW 10, Ramnarayan PW 5 and Rajaram were sitting on the chowki in the house belonging to Brijlal.
Allegedly, a day prior to the date of incidence, an election of dairy society was companyducted.
The motive for companymission of the offence apart from the parties belonging to separate factions and companytesting the elections in which allegedly Ramnarayan won, related an incidence which occurred 25 or 26 days prior to the date of occurrence, whence Krishna trespassed into the house of Poosaram Meghwal and a case under Section 376 of Indian Penal Code was registered against Krishna and Ramnarayan, in companynection wherewith allegedly Ramratan and deceased Ramkumar helped Poosaram.
Shankerlal armed with 12 bore gun entered into the house of Hansraj and the other accused persons proceeded in the lane adjacent and towards the west of the said house.
They proceeded towards the house of Hansraj.
Allegedly, Ramnarayan, Maniram and Shankerlal were armed with guns, Subhash with lathi and Manohar with pistol.
Allegedly, there were two groups in Kanwarpura Tehsil one headed by Shri Ramnarayn accused and the other by the deceased Ram Kumar.
Allegedly, Ramnarayan exhorted the others to kill Ramkumar whereupon Shankerlal fired a shot which hit Ramkumar.
It was further alleged that Hanuman, brother of Shankerlal, after five days of the said incident, visited Poosaram and abused him whereupon he was apprehended by deceased Ramkumar, Prithvi and Ramratan and handed over to the police.
They saw the accused persons companying out from the house of Ramnarayan, Sarpanch.
B. SINHA, J This appeal is directed against the judgment dated 15th May, 1997 passed by the Rajasthan High Court in DB Criminal No.
