( 1. ) IN this appeal, the appellant Dayaramsingh has challenged his conviction under Section 302 of the I. P. C. for which he was sentenced to undergo imprisonment for life.

( 2. ) ALONG with the appellant, four other accused viz. , Harisingh, Ajmersingh, Ramswaroop and Kaptansingh were also prosecuted under Sections 147 and 302/149 of the I. P. C. but they were acquitted of these offences. The appellant was also acquitted of these charges.

( 3. ) THE prosecution case is this; On 5-2-1970, the appellant along with others, came to the deceased Khalaksingh where the appellant fired at him with a 12 bore gun. The firing was preceded by exchange of abuses between them. After receiving the gun shot injuries, the deceased walked few paces and fell down profusely bleeding. Villagers assembled there including Jhandusingh (P. W. 5) deceaseds own brother, before whom Khalaksingh made an oral dying declaration naming the appellants as having shot at him, Jhandusingh (P. W. 5) went to the police station and lodged the F. I. R. Ex. P-3 at 5 p. m. the same day,

( 4. ) AN inquest was held over the dead body of Khalaksingh as per inquest report Ex. p-1 dated 5-2-1970.

( 5. ) DR. Kulshrestha