JUDGMENT

K.G. Balakrishnan, J.-Appellant-Krishna Gope was tried for the offence of murder for having caused the death of Sarjug Gope. The sessions court found him guilty and sentenced him to undergo imprisonment for life. Two other accused tried along with him were acquitted by the sessions court. The appellant filed an appeal before the Patna High Court challenging his conviction and sentence. The High Court elaborately re-appreciated the prosecution evidence and confirmed the conviction and sentence of the appellant. The judgment and order of the High Court is challenged before us.

2. The prosecution case is that on 25.6.1984 while accused Arbind Gope was grazing his cattle, his cow strayed into the field of Sarjug Gope alias Rukha Gope and this led to a wordy altercation between Sarjug Gope on the one hand and Arbind Gope and Karoo Gope on the other. When this wordy altercation was going on, the appellant-Krishna Gope brought a country-made rifle from his house and fired at Sarjug Gope. Sarjug Gope sustained firearm injuries and fell on the ground. Meanwhile, some persons from the neighbourhood had collected at the place of occurrence and injured Sarjug Gope was removed to Karai P