Dixit, J. -- 1. It is alleged by prosecution that on 1st February, 1987 when deceased Ramlakhan was sleeping in a hut at his fields outside the village, the accused persons including the appellant came in a jeep and appellant fired upon him from his gun which hit his left leg. After the appellant along-with other accused persons left the place, father of the deceased Kalyan (PW 2) was in formed about the incident by Hariram. On reaching the place of incident, the deceased informed his father that he was assaulted by the appellant by firing a gun shot and thereupon father of the deceased lodged the first information report at the police station, Billoua.

2. The deceased succumbed to the injury. Post mortem was performed by Dr. V.K. Diwan (PW 1) who found gun shot wound of entry on left knee and another gun shot would of exit over the left thigh.

3. The learned First Additional Judge to the Sessions Judge, Gwalior after examining the evidence of the parties acquitted all other accused persons except the appellant by the impugned order and judgment dated 31.1.1994 passed in Sessions Trial No. 190/87 and convicted the appellant of offence under section 302 IPC and sentenced to