JUDGMENT

Arijit Pasayat, J.-Conviction of the accused-appellant was altered by the Division Bench of the Allahabad High Court from Section 302 read with Section 149 to Section 304 Part I read with Section 149 of the Indian Penal Code 1860 (in short IPC ). Life imprisonment as awarded by the Trial Court was altered to 10 years imprisonment for the altered conviction under Section 304 Part I IPC. The Trial Court had not awarded any separate sentence for the other offences.

2. Background facts alleged by the prosecution leading to the trial are essentially as follows:

Hashim Khan (PW-1) lodged an FIR at about 1330 hours on 3.10.1977 in which the time of incident was stated to be 1300 hours on the same day. Distance of place of incident from police station was about one mile. As per FIR, PW-1, the complainant is the resident of village Lodhipur. The accused Chanda fired a shot at his uncle in the year 1975, a case was registered against him and that case was pending. Second time, in the year 1976, Sayeed and accused Chanda fired a shot on Qasim, the brother of the complainant. This case was about to be proceeded for trial in the Court. Accordingly, there was an old enmity between Qasim (