- (1.)This appeal is directed against the judgment dated 18.7.2001.
(2.)Briefly stated the facts are as follows:- on 3.12.1979, the deceased Ram Pravesh choudhary along with Radha Kishan choudhary (PW 1) came to the field for the purpose of collecting the paddy crops which have been kept in the field. One krisnaditya Narain Tiwary (PW 5) was also present in the field. All the appellants, along with one Ramjanam Choudhary came to the field armed with guns. Appellant devendra Nath Mishra warned Ram pravesh Choudhary not to touch the paddy crops. Ram Pravesh Choudhary stated that paddy crop belonged to him and he would take it. As soon as he said this, appellant Devendra Nath Mishra and deodhari Choudhary fired from their guns injuring Ram Pravesh Choudhary who then started running away. All the appellants, as well as Ramjanam Choudhary followed him and surrounded him. Firing again took place resulting in the death of ram Pravesh Choudhary.
(3.)All the accused were tried for the offences under section 302 read with section 34 of the Indian Penal Code. Accused nos. 1 and 2, viz. , Devendra Nath Mishra and Deodhari Choudhary were also charged for the offence under section 27 of the Arms Act. The accused pleaded not guilty and claimed to be tried.