JUDGMENT

1. The District and Sessions Judge, Bharatpur has convicted the appellant Section 302 and 307 IPC and sentenced him as under:-

U/s. 302 IPC	Life Imprisonment and fine of Rs. 500/-.
U/s. 307 IPC	Seven Years Rigorous Imprisonment and a fine of Rs. 500/-. In default of payment of fine to further undergo 3 months R.I.

Against this conviction made on 24th January, 1990, the appellant Dalvcer has preferred this appeal. Along-with Dalveer, his father Ramjilal was also tried for the same offence but he has been given the benefit of doubt and acquitted.

2. The first information report in this case was lodged by PW/7 Devi Singh and the report is Ex P/18. According to this first information report, the incident out of which the case arises occurred on 29th June, 1988 in the morning time Ramjilal and Dalveer were digging sand near the house of Dalveer, who was the uncle of Devi Singh. At that time Rajveer and Vipti told them not to do so but they persisted and when there was some further exchange of hot words. Dalveer ran towards his house, took a gun and went to his roof, then fired at Vipti. The second fire was made at Rajveer. They started runn

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