ORDER :

This appeal is directed against the judgment of the Division Bench of the High Court of Rajasthan Bench at Jaipur Bench dated 19.03.2007 in D.B. Crimial Appeal No. 997 of 2001. The appellant was tried for having committed murder of his real brother by name Babu Lal on 22.05.2000 at around 04.00 p.m. with the aid of his licenced gun. The occurrence was witnessed by PW-4 and PW-5. Immediately after the occurrence the deceased was removed to the hospital in a jeep by the sons of PW-5. In the hospital the deceased was examined by PW-6 Doctor Mahendra Singh Chauhan who at the instance of Investigating Officer PW-12 certified the physical and mental condition of the deceased. Statement (Ex. P-8) of the deceased was recorded in the presence of PW-6 who also attested the same.

2. Based on the above evidence and after the arrest of the appellant, the weapon which was stated to have been used in the occurrence was also recovered in the house of the appellant. In the post-mortem report, PW-11 Doctor P.K. Tiwari after having spoken about the nature of the injuries stated on oath during the course of cross-examination that in spite of serious injuries sustained by the deceased he would ha