NARINDER SINGH RAO and S.K.CHATTOPADHYAYA JJ.

1. Sanjay Singh alias Pappu, the appellant, stands convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He has also been sentenced to undergo rigorous imprisonment for seven years under Section 27 of the Indian Arms Act. His sentences have been ordered to run concurrently. Feeling aggrieved, he has preferred this appeal.

2. The appellant is son of his acquitted co-accused Ramashray , Singh. They are original residents of village Chakhamin district Nalanda, but residing in Sardar Patel Nagar Colony, Patna for the last many years. Parmanand Singh, the deceased, was the Gotia, and resident of their village. Sunil Kumar Sinha P.W. and Anil Kumar Sinha P.W. are the sons of Parmanand Singh and Nilu Kumari P.W. his daughter. The deceased was also a resident of Sardar Patel Nagar Colony, Patna, in April, 1989, and even prior thereto Anand Prasad Singh P.W. is the nephew of Parma Nand Singh, and Raj Nandan Singh P.W., hailing from village Fatehpur, cousin of the son-in-law of Parma Nand Singh.

3. Parma Nand Singh had retired from the post of Accountant, Small Scale Industrial Development Corporation, Patna, in January, 1988. Ram Ashray Singh, the father of the appellant was Store-keeper of that Corporation when Parma Nand Singh was in its service. Ram Ashray Singh had been removed from service earlier on the charge committing criminal breach of trust with the goods of the Corporation. His grievance was that the deceased, although his Gotia, had not helped him, rather was instrumental in getting him implicated in the case resulting in his removal from the job. For that reason, the relations between the parties had ambittered since quite some time in the past. It is alleged that four years earlier to the occurrence, the appellant had fired a shot at Parma Nand Singh, and a case in that behalf was registered in police station, Digha, Patna. Then about three days earlier to the occurrence, a quarrel has allegedly taken place between the deceased and the appellant, and at that time the latter had threatened to kill the deceased soon.

4. The prosecution version, as per fardbeyan (Ext. 5) of Anil Kumar Sinha) got the information at his house at about 7.25 A.M. that when his father (Parma Nand Singh() was returning on his scooter bearing registration No. BPZ 7994 after purchasing vegetables, he had been shot at. Accordingly Anil Kumar Sinha P.W. had come to the road in-front of Patliputra Telephone Exchange Office, Patna, and found his father lying in injured condition with bleeding from his chest and his scooter was also lying close by. At that time lots of people had gathered Parmanand Singh was carried for his immediate treatment through (Dwara) Sunil Kumar Singh son of Jagnarain Singh, resident of Mustafa pur and Raj Kumar Singh son of Ram Narain Singh in a jeep to Patna Medical College Hospital for treatment. In the way Parma Nand Singh had told that at 7.20 A.M. when be was returning with the vegetables, and had reached near the Patliputra Telephone Exchange Office Sanjay Kumar Singh alias Pappu (appellant) of Sardar Patel Nagar Colony, police station Digha, Patna, who happened to be an uncle of Parma Nand Singh, along with one unknown youth, wearing kurta-paijama had come from the west and shot at him in chest from a country made pistol. On receipt of that shot Parma Nand Singh had entered hutment of a khatal. Sanjay Kumar Singh alias Pappu (Appellant) had again shot at him from the back. Thereafter he and his unknown companion, who had earlier come on a Rajdoot Motorcycle from western direction had fled away towards the east. Parma Nand Singh had also told that at that time Pappus father Ram Ashray Singh (since acquitted) was standing at a little distance towards west and he had also fled away towards the same direction after the occurrence, which many persons had seen. Parma Nand Singh had died at 8.30 A.M. in Patna Medical College Ho