( 1. ) THE appellant has preferred the instant criminal appeal against the judgment and findings dated 18-1-1989, passed by the learned Special Judge and First Additional Sessions Judge, Tikamgarh, in Special Session Trial No. 34/84, whereby the accused has been convicted tor offence under Section 302, IPC and sentenced to life imprisonment.

( 2. ) BRIEFLY narrated the facts of the case are that on 10-5-84 in the night at about 10. 00 p. m. , accused Ramsingh went to the house of deceased Heera, and asked for Ghee which being out of stock, was declined. A little thereafter, accused Ramsingh again came to the house of the deceased and took him along on pretext of discussing something, upto the house of Nandu Lohar and shot him in his chest. As a result, Heera collapsed and met instant death. The First Information Report was lodged by Balchandra (P. W. 1) son of the deceased on 11-5-84 at about 5. 00 oclock. The post-mortem of the dead body was conducted on 11-5-84 at 4. 15 p. m. by Dr. H. G. Chinchaidkar, Assistant Surgeon (P. W. 5 ). The pccused was arrested on 13-5-84 by Girar police of District Lalitpur in Uttar pradesh from village Piparia and from his possession one S. B