( 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 si