( 1 ) LEASURILY moving marriage processions led by a band playing popular Hindi film tunes and a group of revelers dancing to such tunes is a common sight in this part of the country. To add gaiety to the occasion, some such processions add fireworks while some others would make public display of their affluence by freely throwing about currency notes or small change for the urchins to collect and make merry. The incident with which we are concerned in this appeal and which led to the death of a band man took place in the course of one such marriage procession. What distinguished this procession from others was the presence of the appellant among the marriage party with a licensed revolver from which he was firing shots. One of the bullets shot from the revolver is alleged to have hit the deceased Vikram, one of the members of the band party resulting in his death and a charge-sheet against the appellant for the commission of an offence punishable under Section 302 of the IPC. The trial Court has, on the basis of the evidence adduced before it, come to the conclusion that the prosecution has proved the charge against the appellant and accordingly convicted and sent