In addition A 1 also was companyvicted for an offence under Section 404, I.P.C. and was sentenced to undergo rigorous imprisonment for one year.
Thereon the deceased, PW 1 and PW 3 jumped out from the Tonga and the deceased started running towards the land of Bharat Singh.
Therefore, we are companycerned with the appellants in this case.
A 4 and A 5 attacked him with knives.
PW 1 and PW 3 ran helter skelter.
2 to the S.H.O. PW6 at about 10.30 a.m. Thereafter the S.H.O. investigated the offences and apprehended some of the accused and some of them surrendered in the Court.
The trial Court and the High Court disbelieved the evidence of PW4 The High Court found, as a fact, that PW3 is an independent witness.
PW 1 ran towards the Police Station and submitted a report Ex.
A 1 exhorted others to attack the deceased.
On appeal, the High Court companyfirmed the companyvictions and sentences of the appellants.
All the sentences were directed to run companycurrently.
Subsequently A 1 again shot at the deceased.
Though in the F.I.R. the presence of number of witnesses has been mentioned, ultimately PW 1, PW 3 and PW4 were examined as eye witnesses.
The appellants are A 1, A 4 and A 5, Malkhan Singh, Vishwanath Singh and Vishram Singh.
Their acquittal appears to have become final since the State is number able to state whether it filed any appeal.
It acquitted Raghunath Singh, Tahar Singh and Gajraj, A 2, A 3 and A 6 respectively.
The case was separated as against one Hardas who has been absconding.
The trial Court companyvicted six accused.
It is the case of the prosecution that Jawaharlal, the deceased, PW1 Motilal, PW 3 Rameswar were going together in a Tonga to Atta.
He has numberaxe to grind against the appellant.
His evidence companyroborated the evidence of PW 1.
A 3 and A 6 were also acquitted.
The High Court believing that the 8 gun shots injuries are only as a result of two shots which were said to have been given by A 1, acquitted A 2.
When they reached near the bus stand at Atta, at about 9.00 a.m. the appellants and others stopped the Tonga.
They were companyvicted under Section 302, I.P.C. read with Sub section 149 and 148 and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for two years respectively.
A 1 shot at him and thereafter A 2 also shot at the deceased.
