Miss Khanna, J. -- 1. Challenge in this appeal by the appellant-accused is the impugned judgment and order dated 21.3.1995 passed by Sixth Additional Sessions Judge, Gwalior Camp Dabra, in ST No.247/93, whereby the appellant has been convicted under section 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/- and in default of payment of fine to suffer further imprisonment of three months.

2. Appellant-accused Mohar Singh is son of Gulab Singh (acquitted co-accused_. Complainant Harnam Singh (PW 4) is real brother of the deceased Bhagwan Singh. These facts are not disputed.

3. The case of the prosecution in a nutshell, is that on 9.3.1993 at around 1:30 p.m., complainant Harnam Singh (PW4) was going towards Chopal. On way, he saw that the appellant and Ajab Singh (acquitted co-accused) were hurling abuses to his brother deceased Bhagwan Singh. Deceased Bhagwan Singh objected to it. On this, the appellant said "Tera Muha Bahoot Chalta Hai Abhi Thuz Ko Niptata Hun". Ajab Singh then instigated the appellant Mohar Singh to bring his gun. Thereafter, appellant went running to his house and brought muzzle loade gun of his father. Ajab Singh exhorted