( 1 ) THE appellant is Rameshwar who is aggrieved by the judgment and order dated 27-6-1981 passed by Sri R. R. Jatav, the then III Additional Sessions Judge, Hamirpur in S. T. No. 186 of 1980 convicting him under Section 307, IPC and sentencing to undergo rigorous imprisonment for four years.

( 2 ) AT the hearing of the appeal, none has appeared from the side of the appellant, though he is represented on record by Sri R. Pande, Advocate and is on bail. I have heard learned A. G. A. from the side of the State in opposition of this appeal and have gone through the record, which has been summoned. The appeal is being decided on merits.

( 3 ) THE facts lie within a short compass. Four persons including the appellant were tried. Out of the remaining three, two were his brothers and another one was his nephew. Some time before the incident, murder of Badri was committed in which Mata Deen was involved as an accused. When he was in jail, the complainant Manni Lal was looking after his agricultural land. The accused did not like it. On 8-11-1979 at about 5 p. m. when Manni Lal was coming back after easing himself and was near the field of Mata Deen, the present accused appellant fired on

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