ORDER :

1. This appeal is directed against the judgment and order of the High Court of Judicature at Allahabad whereby the appellant stands convicted for an offence punishable under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for five years.

2. The facts of the case are as under:

2.1 On 11th August, 1978, as Ram Vilas PW-1 and his brother Shiv Vilas were returning home after visiting the temple about half a kilometre away from the village, they were waylaid by the appellant Ram Naresh and his father Jagannath (since expired). Jagannath was carrying a country made revolver whereas the appellant was armed with a single barrel shot gun. Jaganath exhorted the appellant that as Shiv Vilas was always coming in their way he should be killed. The appellant thereupon fired one shot at Ram Vilas which hit him on the head. The firing also attracted PWs. 2 and 3 to the spot. The next morning Ram Vilas along with the injured Shiv Vilas went to Police Station, Makhi and a First Information Report was lodged for an offence punishable under Sections 307/34 Indian Penal Code. On the completion of the investigation the accused were charged for the above offences. The tri