JUDGMENT

Arijit Pasayat, J.-State of Madhya Pradesh calls in question legality of the judgment rendered by the Division Bench of the Madhya Pradesh High Court. The respondent faced trial for alleged commission of offences punishable under Sections 302 and 338 of the Indian Penal Code, 1860 (in short the IPC ). Originally his father Ram Kirpal, brother Rakesh and mother Nonibai also faced trial with him. They were acquitted by the trial Court, while respondent was convicted for causing the homicidal death of one Rajendra (hereinafter referred to as the deceased ) by gun shot on 20.5.1986. He was sentenced to life imprisonment for the offence relatable to Section 302 IPC. He was also convicted in terms of Section 338 IPC for causing grievous injury to Krishna (PW-6) who was injured by the same bullet which after passing through the body of deceased Rajendra struck Krishan and caused grievous injury to him. For this offence he was sentenced to undergo RI for one year and fine of Rs. 1000/- with default stipulation.

2. Prosecution version in nutshell is as follows:

On 20.5.1986 deceased Rajendra and Kuldeep (PW 1) were returning after their examination. They were passing in front of t