JUDGMENT :

R. Banumathi, J.

Leave granted.

2. This appeal arises out of the judgment dated 16.05.2013 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Criminal Appeal No.775 of 1981, whereby the High Court affirmed the conviction of the appellant-accused under Section 302 IPC and also sentence of imprisonment for life imposed on him.

3. Briefly stated case of the prosecution is as under:-Deceased-Chhedi Lal was running a barber shop in Kurari Khurd Market. On 18.02.1981, the appellant visited the shop of Chhedi Lal and asked for a haircut. An altercation took place between the two when appellant insisted the deceased for haircut claiming preference over other customers; but the deceased-Chhedi Lal declined his demand. The appellant felt insulted and left the barber shop threatening the deceased. At around 5.00 p.m., deceased-Chhedi Lal closed the shop and went back home. Later at 6.00 p.m., the deceased went towards the canal lying in the western side of the village abadi to answer the nature’s call. When the deceased reached near the eastern mend of the grove of Ishwari, the appellant emerged from the northern side carrying a pistol in his hand and threatened the