JUDGMENT

Srinivasan, J.-This appeal by special leave is directed against the judgment of the High Court of Allahabad confirming the order of conviction passed by the III Additional Sessions Judge, Kanpur on a charge under Section 302 I.P.C. against the appellant and sentence for rigorous imprisonment for life.

2. The case of the prosecution was as follows :

On April 7, 1977 at about 3.30 P.M. the victim Shree Prakash was going in a rickshaw with his servant Nanhu Singh (PW-3) followed by Balkrishan Bajpai (PW-1) and Mohammed Haneef (PW-2) in another rickshaw in the crossing of Alumandi, Cooperganj, Kanpur within the area of the police station Anwar Ganj. At that time the appellant arrived at the spot sitting on the pillon of a motor cycle driven by another person, shot the victim with a pistol and sped away. The witnesses proceeded to the police station which was very near the place of occurrence and lodged a complaint around 3.45 P.M. The victim was taken to the hospital where he was declared dead. While PW1 stayed at the police station for giving a statement, PW 2 went to inform the sister of the victim. The name of the appellant was mentioned by PW1 in the FIR who could not however