1. - This appeal is redirected against the judgment of the learned Sessions Judge, Ajmer dated March 12, 1976, by which, the accused-appellant Jodsingh was convicted for offence under Section 302, Indian Penal Code and sentenced to imprisonment for life.

2. Briefly stated, the prosecution story is that Jodhsingh, the accused, himself went to the Police Station, Sarwad, district Ajmer, on June 15, 1975 at 2.00 A.M. and lodged the report (Ex. P 16). It was stated in the report that his younger brother Shambu Singh, employed in the Police Department at Kota, was living separately with him. Shambu Singh had been given his share in the properties, but still he used to raise disputes since 1960 and whenever he came on leave, he used to abuse and give beating to the informant. It was further stated that he had come on leave on that day also and in the night at about 9 to 10 P.M. when Jodh Singh was standing on the roof of his house after taking his meal, Shabhusingh came there & hurled abuses and began to give beating to Jodhsingh. On this Jodhsingh lifted a gun and fired a shot towards Sambhusingh and the pellets have gone in the right thigh of Shambhu Singh. It was further state