1. - This criminal appeal is directed against the judgment dated February 13, 1978 passed by the Sessions Judge, Bundi, in Sess. Case No. 10/ 1975, whereby Pramod Kumar, the appellant has been convicted for the offence under Section 307, Indian Penal Code, and, sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- (in default of payment of fine, further six months' R.I.).

2. In brief, the facts giving rise to this appeal are thus On August 7, 1974, at 8 a.m. one, Hema s/o Nanda Meena r/o Haripura, accompanied by Chhota & Japan Nath lodged a report at police station Talera, district Bundi (Rajasthan), alleging therein that on August 6, 1974 at 6 p.m. when Bhima, Chbitar & Gopal were returning from their fields with their bullocks and when passing through the field of the appellant (wherefrom as alleged, they used to pass through), they saw the appellant coming from opposite direction sitting on the tractor; that, without there being any occasion Pramod Babu (appellant) opened fire on these afore-named persons by 12 bore gun-pellets of which passed through left leg of Bhima, gun shots made Chhitar injured & bullet brushed near