ORDER

The deceased has been killed as a result of single gun shot. According to the post mortem report the ante-mortem injury which the deceased suffered was as under:

"Gun shot wound of entry area 3/4" X 1.5" X cavity deep margins inverted lacerated blackening and tattooing present front of Abd. left 3/4" at 2 o clock to umbilicus & from left to right inward and backward."

2. The facts in brief are that the wife and son of the deceased informed him when he returned home at about 7:00/7:30 p.m., that the appellant had broken their cakes of cow dung in the afternoon between 11:00 to 1:00 p.m. The deceased went to the house of the appellant to complain about it. He was accompanied by his son Kishan Lal (PW2). There the accused abused the deceased and removed the gun that was handing on the door of his house. Seeing this the deceased with his son left the house of the appellant. The accused went after the deceased. Again there wa altercation on road. The accused was carrying the gun with him. He shot the deceased in the abodmen and ran thereafter. As a result of the gun shot injury the deceased died on the spot. The appellant was charged for the offence under section 302 IPC. He has been