( 1. ) THIS is an appeal against the order of conviction and sentence passed by the Second Additional Sessions Judge, Guna, dated 17-9-1980, in Sessions Trial No. 38 of 1980, whereby the appellant was convicted under section 302 of the Indian Penal Code and was sentenced to imprisonment for life.

( 2. ) THE appellant is charged under section 302, Indian Penal Code with the allegations that on 11-7-1978, at about 9. 00 in the night, at village ukawad, Police Station Myana, the appellant with his gun, fired at Jugraj singh and killed him.

( 3. ) THE prosecution story is to the effect that on 11 -7-1978, in the night, there was a religious discourse at the house of Arjun Singh son of udham Singh and in the said discourse, accused Ranchhod Singh came with a gun and Rajendra Singh, Narendra Singh, Pratap Singh, Munna, Bundel singh, Bhikam Singh and Natthan Singh were also there. At about 8. 00 in the night, accused Ranchhod Singh along with his associates, returned to the house of Kamal Singh, which was in front of the house where the religious discourse was being given. At that time, near the house of Kamal singh, Mohan Singh, Ashok, Amar Singh, Arjun Singh and Bhogiram were sitting. Near the house of Kamal Singh, an electric bulb was burning. In a short time, accused, along with his associates, came back to the house of Arjun Singh son of Udham Singh. At that time, persons who were accompanying the accused, asked Mohan Singh, Ashok and others as to about what they were talking. To this query, it was replied that they are talking regarding the agricultural operations. But, dissatisfied with this answer, accused Ranchhod Singh and others said that the persons who were sitting there, were talking about them and seeing this, the accused who were sitting there started using lathis and other weapons at the other party. In the melee, Arjun Singh son of Udham Singh, Pratap Singh, accused ranchhod Singh, Rajendra Singh, Narendra Singh, Natthan Singh, Bundel singh, Bhikam Singh used lathis. Seeing this, the accused took back some steps and fixed. The fire hit Jugraj Singh, who died on spot and afterwards, accused along with his associates, ran away from the spot. Arjun Singh, ashok and Amar Singh also left for their houses. Before firing at Jugraj singh, accused Ranchhod Singh exhorted the persons who were standing there that if anybody intervened, he will also be killed. When the incident was over and the accused left the place, Hanumant Singh (P. W. 5), Bhagwan singh, Jagannath Singh and Kamal Singh came near the corpse of Jugraj singh and after seeing the dead body, they went to report the matter to thana Myana and the matter was reported by Hanumant Singh (P. W. 5 ). Next day, at about 10. 00 a. m. , Vishram Singh (P. W. 12) reached the spot and prepared the Panchayatnama of the corpse and seized blood-stained and simple earth from the spot and the dead body was sent for post mortem examination to the hospital, Guna. After the incident, the accused could not be found. But, Vishram Singh Kushwah (P. W. 12) seized a 12 bore gun. The post mortem examination was conducted by Dr. C. S. Sharma (P. W. 14) on 12-7-1978. His report is Ex. P-13 and he has opined that death is due to fracture of second and third cervical vertebra. A pellet was also found and grey matter was also coming out. The pellet along with the gun seized was sent to the Ballistics Expert. He has given the report and has said that the pellet could be fired through the gun in question. On 28-11-1979, this Court granted anticipatory bail to the accused and on 30-11-1979, the accused gave the security. After that the accused was committed to stand his trial before the Court of Sessions and the learned additional Sessions Judge framed a charge under section 302, Indian Penal code against the accused.

( 4. ) THE defence of the accused is that for last 10 to 12 years, there are factions in the village and daughters of Harnath Singh were abducted by one Parmal Singh, who is