JUDGMENT

N.V. RAMANA, J.

1. This appeal arises out of the judgment and order dated 19th March, 2007 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 36 of 1996 whereby the High Court has partly allowed the appeal preferred by the State by confirming the judgment of the Trial Court for the offence under Section 148 of IPC and convicted the appellant herein for the offence under Section 302, IPC and sentenced him to undergo imprisonment for life.

2. The brief facts of the case as culled out from the case of the prosecution are that on 26th December, 1987 at about 1 p.m. while Gambhir Singh (PW 7) (brother of the deceased) was having lunch at his home, the appellant along with a group of co-accused persons, each armed with deadly weapons rushed to his house hurling abusive filthy words and picked up a quarrel with his brother Jagannath Singh (deceased) who was sitting outside on a platform (Chabutara) along with his nephew Bir Singh (PW 11). When Jagannath Singh (deceased) raised objection to their behavior, the appellant fired a gunshot in the abdomen of the deceased as a result of which he fell down on the ground and succumbed to the injuries.

3. G