Manphar has filed this appeal against the judgment of the Sessions Judge, Pilibhit dated 7th Ausust, 1980 passed in sessions trial No. A-194 of 1979 convicting him under Section 302 I. P. C. and sentencing him to imprisonment for life.

2. The case of the prosecution is that on 18th August, 1979 at about 6. P. M. while Har Lal deceased and his sister-in-law Smt. Rampa were sitting on one cot and Ram Bahadur (P. W. 10, Prem Raj (P. W. 2) and Nanhey were sitting on -another cot under the Chhapar in front of the house of Har Lal deceased in village Jamunia and Ram Nath was sitting on a cart close to the cot of the deceased the appsllaot came there armed with a pistol and fired at Har Lal deceased which resulted in his death immediately.

3. The first information report was lodged by Ram Bahadur (P. W. 1) at 7. 10 P. M. on the same day (18th August, 1979) at Police Station Madhotanda, the distance of the Police Station from the place of occurrence being six kilometres.

4. The postmortem examination was conducted by Dr. R. C. Maheshwari (P. W 4) on 19th August, 1979 at 4 P. M. and the under mentioned ante mortem external injuries were found on the body of the deceased:

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