Singh, J.--1. In this appeal by special leave, the sole appellant has impugned the judgment and order of the High Court of Madhya Pradesh, Gwalior Bench, dated 15.7.2002 in Criminal Appeal No. 124 of 1987 affirming the conviction and sentence of the appellant passed by the Sessions Judge, Shivpuri under section 302 IPC in Sessions Case No. 128 of 1986. The appellant has been sentenced to undergo imprisonment for life.

2. The case of the prosecution is that on 27th September, 1986, the appellant shot dead Bhamar @ Bhamar Singh in the presence of Ram Swarup Sharma PW 4, a forest officer Basheer Khan PW 5 and Laxman PW 6, forest guard, when they were proceeding from village Kachnaria to Achhroni. The three witnesses above named ran from the place of occurrence to save their lives and thereafter boarded a bus at Achhroni and came to police station Banmore Kalan at a distance of about 16 kilometres from the place of occurrence where report was lodged by PW 4 at 23.15 hours. In the said report it was stated that PW 4 along with PWs 5 and 6 was proceeding to his headquarters at Achhroni from Kachnaria. They were patrolling the forest area. At village Kachnaria they met the appellant a