( 1 ) THE appellant Malkhan Singh was charged and tried for an offence under Section 302, Indian Penal Code, for committing the murder of Sudama son of Roopram in village Biloo, P. S. Umri, District Bhind, at about 11. 00 a. m. on 5-5-1976. He was also charged and tried for an offence under Section 307, IPC, for attempting to commit murder of Kailash Narayan and Phool Singh by gun-shot fires on the same date and place. Appellant was convicted under Section 302, IPC, and sentenced to life imprisonment. He was also convicted under Section 324, IPC, and sentenced to three years' rigorous, imprisonment for causing injuries to Kailash Narayan only both sentences to run concurrently. The trial Court acquitted the appellant of the charge under S. 307, IPC.

( 2 ) THE State has not preferred any appeal against the acquittal of the appellant of the charge under S. 307, IPC.

( 3 ) THE prosecution case in short is that the occurrence took place on 5-5-1976 between 10 and 11 a. m. in front of the house of Ramsnehi (PW. 7), where about 15-20 persons (villagers), some of whom were Kailash Sarpanch, Mewaram, Ranjit, Sudama, Jawahar, Kallu, were sitting. Ramsnehi (PW. 7) was drawing