[Per Itajesh Tandon, J.)

1. Present appeal has been flied against the judgment and order dated 8-6-1984 passed by the Sessions Judge, Nainital convicting the accused-appellant for the offence punishable under section 302 I.P.C. and sentencing him to undergo imprisonment for life.

2. Briefly stated the fact giving rise to the present appeal are that on 2-6-1983 at about 4.00 PM, Komil Ram, Harish Ram, Jagdish and Smt. Munni Devi were sitting outside the house under a mango tree. At that time accused Megh Nath armed with a gun. and a belt of cartridges came there and started filthy jocks with Smt. Munni Devi. When Jagdish objected the accused, exchange of hot words took place between Jagdish and accused Megh Nath. Accused loaded the gun and aimed on Jagdish. On seeing this Jagdish ran away from that place and accused chased him. Komil and Harish Ram also followed them. They were about 100 paces behind accused Megh Nath. After covering a distance for about one furlong Jagdish stopped and opened the buttons of his shirt and stated something to the accused. On this the accused fired gun shot and Jagdish succumbed to the sunshot injury instantaneously. Accused Megh Nath then ran