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19. Onkar Prasad PW-8, deposed in harmony with the testimony of his son Subhash Chander PW-6. Additionally, he stated that accused Sunil was exhorting Manoj to fire at the time when he was firing shots from his gun.

20. Insp.Bhim Singh PW-10, deposed that on 27.03.1993 at about 08.30 A.M. he had seen appellant Manoj firing shots at Mahinder Singh, Ramesh Chand Tyagi and his daughter Indu i.e. the deceased, Onkar Prasad, Subhash and his mother Mani Devi, Vinod and Kanta Sharma. Accused Sunil was exhorting Manoj to fire at people at that time.

23. Sudesh Kumar PW-14, deposed that on March 27, 1993 he was staying with his relative HC Sudesh Sharma at Quarter No.59, Police Colony, Civil Lines, Delhi. Bishambari Devi and her son Naresh were already standing there. He, Bishambari Devi and her son Naresh sustained gunshot injuries but he cannot identify the person who had fired shots at them.

24. Save and except one difference, Mani Devi PW-17, essentially deposed in harmony with the testimony of her son Subhash Chander PW-6 and husband Onkar Prasad Sharma PW-8. The difference between the three testimonies was that Mani Devi did not state in her examination-in-chief that Sunil was exhorting Manoj to kill everybody at the time when Manoj was firing shots. However, Mani Devi stated in her cross-examination by the prosecutor that Sunil was exhorting Manoj to kill everybody at the time when Manoj was firing shots.

(viii) The words allegedly uttered by accused Sunil that "Fire at everybody (sakbo goli mardo in Hindi)" are vague and lead nowhere.

(ix) Accused Sunil was not having any enmity with the injured persos to instigate accused Manoj to fire at them.

(x) There is nothing on record to show that accused Sunil who was younger to accused Manoj had any control over accused Manoj to restrain him i.e. Manoj from firing indiscriminately.

(xi) The claim of the police officers that accused Sunil was exhorting accused Manoj to fire is not creditworthy in view of that fact that it has not been mentioned in rukka Ex.PW-50/A that accused Sunil was exhorting accused Manoj to fire.

49. In order to determine the offence committed by accused Manoj, let us reconstruct the scene of incident.

50. On March 27, 1993 at about 08.30 A.M. Bhupinder Singh PW-21 and Mahinder Singh PW-1, had caught hold of accused Sunil at the place of occurrence near Quarter No.F-1, Police Colony, Civil Lines, Delhi and taking him to nearby police station. Accused Sunil was shouting at that time. On hearing the shouts of his brother Sunil, accused Manoj who was present in his house situated near the place of occurrence came at the place of occurrence armed with a single barrel shrapnel gun. (Shrapnel is a projectile that consists of a case provided with powder charge and large number of lead balls designed to explode in flight. The gun which uses shrapnel is shrapnel gun). On seeing this, accused Manoj went completely berserk and started firing indiscriminately. Four shots were fired by accused Manoj at the place of occurrence. The shots fired by accused Manoj hit Mahinder Singh PW-1, Sanjay PW-22 and Babu Lal PW-11 who were present near the place of occurrence. Mahinder Singh PW-1, the enemy of accused Manoj sustained gunshot injury and fell on the ground but this did not end the fury of appellant Manoj. On hearing the sounds of gunshots, people viz. Ramesh Chand Tyagi PW-2, deceased, Subhash Chand PW-6, Onkar Prasad PW-8, Mani Devi PW- 17, Sudesh Kumar PW-14, Bishamberi Devi PW-44, Vinod Kumar Joshi PW- 20, Kanta Sharma PW-27 and Naresh Kumar PW-43, came in the balcony of their quarters and asked to stop firing. This fuelled the fury of accused Manoj who fired four shots at said eleven innocent persons whose only fault was to ask Manoj to stop the firing. Sunil added fuel to the fury of his brother Manoj by exhorting him to fire at people. (We note that one of the factors which has led the Ld. Trial Court to conclude that Sunil did not share common intention with Manoj to fire at anyone was that he had not exhorted Manoj to fire at anyone. The Ld. Trial Court has not appreciated the evidence of prosecution witnesses on the aspect of giving of exhortation by Sunil inasmuch as we find that as many as four injured witnesses viz. Ramesh Chand Tyagi PW-2, Subhash Chander PW-6, Onkar Prasad PW-8 and Vinod Kumar Joshi PW-20, have clearly deposed that Sunil was exhorting Manoj to fire at the time when Manoj was firing indiscriminately.) Accused Manoj stopped firing only when the police arrived at the police of occurrence and overpowered him. As many as fourteen persons sustained gunshot injuries and deceased lost her life due to indiscriminate firing by accused Manoj.