(1) THE sole appellant and the deceased had amongst them pending proceedings under Section 107/1 16 of the Code of Criminal Procedure in the court of the Magistrate of the area when the occurrence took place. A month prior to the incident, the appellant was assaulted by some people. He suspected that it was the deceased who was instrumental for it. On 17/11 /1982 at about 11.30 a.m., the deceased left his house for an errand and met Jankiram, P.W. 3 on his way. On the deceased asking Jankiram, P.W. 3 to share a cup of tea with him, both came in front of the shop of Nevalram, P.W. 2. At that moment, the appellant is said to have come from the opposite direction with a country made pistol in his hand which he fired at the deceased from a close range hitting him on his chest, as a result of which the deceased fell on the ground dead. The appellant ran away from the spot with the country made pistol in his hand. Jankiram, P.W. 3 went and informed, Bhagwat, P.W. 1, the brother of the deceased about the murder naming the appellant as the assailant. P.W. 1 came to the spot and took stock of the situation and then went to the police station and lodged a report. The dead body was su