( 1. ) SOLE appellant Sardar Singh has been convicted for an offence under section 302, IPC and sentenced to imprisonment for life in Sessions Trial no. 127/90 by First Additional Sessions Judge, Dabra, District Gwalior vide judgment dated 24-8-1999. In this appeal he has assailed the said judgment of his conviction.

( 2. ) AS per prosecution story on 12-12-1989 at about 8 p. m. in the night nanhe Singh (P. W. 5) father of the deceased Jawahar Singh was preparing cattle food and his daughter Sunita (P. W. 8) and her brother Devendra (P. W. 7) were helping him, at that time appellant carrying 12 bore gun in his hand came at the door of the deceased and gave commotion and said that "if you belong to real father come out". When after hearing the commotion his son came out, at the same time appellant fired on him by his 12 bore gun, which he received in his both thighs. He fell down and blood also fell on the place of occurrence. Thereafter appellant ran away from the spot. Thereafter he was brought to P. S. Bhitarwar. Injured Jawahar Singh himself lodged FIR Ex. P- 12. He was referred for medical examination and MLC report is Ex. P-10 from where he was referred to Gwalior where