JUDGMENT

P. Venkatarama Reddi, J.-This appeal arises out of the judgment of Madhya Pradesh High Court (Gwalior Bengh) dated 6.7.2000 reversing the verdict of acquittal recorded by the first Additional Session Judge, Morena, in Sessions Case No. 178/83. The accused herein was charged alongwith six others for committing murder of one Rajbahadur Singh. The appellant was charged under Section 148 and Section 302 IPC whereas others were charged under Section 148, 302 read with Section 149 IPC. The Sessions Judge acquitted all the accused. ON appeal by the State under Section 378 Cr.P.C., the High Court granted leave to appeal only against the appellant. The High Court found the appellant guilty of murdering Rajbahadur Singh and convicted him under Section 302 IPC and sentenced him to life imprisonment. The High Court held that there wwas sufficient evidence that the appellant-accused had shot the deceased and the trial Court committed serious error in acquitting him.

2. The prosecution case is that on the intervening night of 18/19th May, 1982, the deceased Rajbahadur Singh and his father Bhola Singh (PW6) were sleeping at the threshing floor of their field (Khalihan). Rajbahadur (decease