This appeal has been preferred against the judgment and order of Second Additional Sessions Judge (Non-Metropolitan Area), Kanpur. The learned Sessions Judge has held the appellant guilty of the offence under Section 302, IPC and sentenced him to imprisonment for life.

2. The appellant was police constable on date of occurrence. One (PW 1) lodged a report on 21-3-1972 at 10. 00 p. m. at police station, Mangalpur, district Kanpur. He alleged that, at about sun-set on that day, he was coming from his field situate in village Juria, Police Station Mangalpur, district Kanpur. When he reached near the house of M-sri Lal, he heard alarm raised by the sister of Jagdish. He. inderjit and Baksulla rushed towards the house of Jagdish. At that place, Ganga Prasad was also present. He saw that two constables were coming out of the house of Jagdish. An exchange of words took place between Jagdish and Constables. Jagdish was scolding the constables as to why they entered in his house without his permission. During this ex change of words, one constable fired towards Jagdish, Thereafter, Jagdish fell down. Both the Constables ran towards Jhinjhak. It was alleged that the shot was f