Palok Basu, J. - (1.) State of U.P. has preferred this appeal against the acquittal of Jafar Ullah Khan, Rais Mian, Abdul _Wahab and Banney Khan as recorded by the 6th Addl. Sessions Judge, Bareilly on 10.1.1979 in Sessions Trial No. 222 of 1977 of charges under Sections 307/34 I.P.C. At the admission stage the Government Appeal was dismissed as against Abdul Wahab and Banney Khan. It was admitted only against the two remaining respondents noted above.
(2.) The charge against the accused was that on 10.3.1975 at about 12.25 p.m. they caused injuries to Mahmoob All Khan (P.W. 1) in furtherance of their common intention to cause his death by firing from country made pistols held by Jafar Ullah Khan and Rais Mian at the instigation of two other accused Abdul Wahab and Banney Khan.
(3.) Admittedly there was some earlier litigation between the parties and stained relations between these two sides existed from much b of ore.;