JUDGMENT

Ranjan Gogoi, J.-

1. Aggrieved by the judgment and order dated 08.08.2007 passed by the High Court of Rajasthan at Jaipur Bench affirming the conviction of the appellant under Section 302 IPC and the sentence of life imprisonment imposed, this appeal has been filed upon grant of special leave by this Court.

2. The case of the prosecution, in brief, is that at about 10.30 a.m. on 13.09.2000, Hariram (PW23), lodged a written complaint with the Police Station at Baran stating that at about 10 a.m. of the same day he alongwith his nephew Ramlal and some other family members were sitting on the road in order to go to Baran. According to the complainant/first informant there was an old enmity between him and one Ghasilal. In the complaint filed it was specifically stated that while they were waiting to go to Baran, Ghasilal along with his sons Ram Singh (appellant), Ramswaroop, Ramshyam and son-in-law Akheraj came in a tractor armed with different weapons including a firearm. Immediately on reaching the spot accused-appellant Ram Singh fired from a gun at Rooplal as a result of which the said person died on the spot. It was alleged that accused Ram Singh had also fired at Surajmal, causing injuries on his hand. The other accused persons had assaulted Satyanarayan (PW-7), Seokaran and Ramlal with Kutia and Gandasia. It was further stated by the complainant that as a result of the gun shot injury Rooplal died on the spot.

3. On the basis of the aforesaid complaint, case No. 255/2000 (P.S. Baran) was registered under Sections 147, 148, 149, 341, 307, 302 IPC. The case was duly investigated and on completion of the investigation charge sheet under Sections 147, 148, 149, 341, 307, 302 IPC was filed against Ghasilal, Ramswaroop, Ramshyam and Ram Singh (accused Akheraj died while the case was under investigation). Thereafter the case was committed for trial to the court of Sessions at Baran where charges under the aforesaid provisions of the Penal Code read with Section 149 IPC were framed against all the accused including the accused-appellant. As the accused persons claimed innocence and wanted to be tried, a regular trial was held in the course of which the prosecution examined 23 witnesses and also exhibited a large number of documents. Two witnesses were examined by the defence including the accused Ghasilal. The statements of the accused persons were recorded under section 313 Cr.P.C. Thereafter, at the conclusion of the trial, all the accused were convicted under Sections 148, 302/149, 307/149, 323/149, 324/149 IPC. Each of the accused persons was sentenced to undergo rigorous imprisonment for life for the offence under Section 302/149 IPC. For the offence under Section 323/149, 324/149 and 148 IPC each of the accused persons were sentenced to undergo imprisonment for six months and one year respectively. All the sentences were directed to run concurrently.

4. Aggrieved by the aforesaid order of conviction and the sentences imposed all the four accused moved the High Court of Rajasthan by filing an appeal which was partially allowed by the impugned order dated 8.8.2007. While the conviction of the appellant was altered from Section 302/149 IPC to Section 302 IPC, the sentence of life imprisonment imposed was maintained. The High Court, however, acquitted the other three accused of the offence under Section 302/149 IPC while maintaining the conviction under Section 323 IPC. In view of the fact that each of the said accused had undergone confinement for a period of more than six months, the High Court ordered for their release. It is against the aforesaid order of the High Court convicting the appellant under section 302 IPC and the sentence of life imprisonment imposed on him that the present appeal has been filed.

5. We have heard Mr. Ramesh C.Kohli, learned counsel for the appellant and Mr. Jasbir Singh Malik, learned AAG for the State of Rajasthan.

6. Learned counsel for the appellant has contended that the conviction