JUDGMENT

L. NAGESWARA RAO, J.

1. The Respondent was convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and sentenced to undergo life imprisonment by the Trial Court. The High Court converted the conviction to an offence under Section 304 Part I, IPC and sentenced the Respondent to 10 years rigorous imprisonment. Aggrieved thereby, the State of Uttar Pradesh is in appeal before us.

2. PW-1, Bahadur lodged an FIR on 22.03.2000 in which it was stated that a Panchayat was held at the residence of one Kanhai, at noon on 22.03.2000. There was a dispute between his nephew Nokhey and the Respondent. During the course of the Panchayat, Rakesh, son of the complainant arrived at 3.30 p.m. from his agricultural field. The Respondent saw Rakesh and stated that he will kill him prior to the settlement of the dispute before the Panchayat as Rakesh had an evil eye on his wife and was visiting his house. Santosh, the younger brother of the Respondent also arrived at the spot and exhorted the Respondent to kill Rakesh. When Rakesh tried to run to save himself, the Respondent took out a pistol and fired at Rakesh. Rakesh succumbed to the fire arm injury. The