JUDGMENT

P. Venkatarama Reddi, J.-This appeal by Special leave is preferred by the sole accused in the Sessions Trial No. 583 of 1980 on the file of the Additional District & Sessions Judge, Gorakhpur. The accused was convicted under Section 302 I.P.C. on the charge of murdering his relation by name Hidayat Hussain at about 8 A.M. on 28.6.1980 on a public street. The accused was sentenced to life imprisonment. On appeal the High Court confirmed the conviction and sentence.

2. The prosecution case is that on the crucial day at about 8 A.M. the deceased was going to a meat shop with his son Aizaz @ Guddu (P.W. 2). As they came close to the meat shop, the accused fired a shot from his country-made pistol in front of the house of one Sidhu. The victim collapsed before the meat shop of Achhan (P.W. 3) and succumbed to the injuries then and there. Though some people tried to overpower the accused, he reloaded his pistol and threatened them not to risk their lives. Thereafter, he fled away from the scene. P.W. 1, the father of the deceased, on coming to know of the incident came to the spot immediately. He saw the son of the deceased (P.W.2) weeping by the side of the dead body. His clothe