(1.) LEARNED counsel for appellants submitted that out of four accused persons two, namely, Bindra Prasad and the present accused-appellant Moti Lal, have been attributed the use of.315 bore country-made pistols. This is also a contention of learned counsel that the role of Moti Lal is similar to that of Bindra Prasad as both of them have been alleged to be carrying.315 bore country-made pistols whereas the post mortem report suggests the use of.12 bore pistol/gun. Learned counsel referred to the order dated 07-10-2009 passed in the case of accused Bindra Prasad which is reproduced as under:-
(2.) LEARNED State counsel took the same plea as taken in the case of Bindra Prasad.