1. The prosecution case is that the accused Srikishan, who is the cousin of the deceased Lukka, and Lukka jointy owned and possessed certain agricultural land. Partition is alleged to have taken place between them Srikishan sold away his share of land to a third party yet, he claimed a share out of the land in possession of Lukka. This is said to be the cause of strained relations between the deceased and Srikishan. The prosecution version is that Lukka was called by Neta, maternal uncle of Srikishan, to village Ratha from village Ambah. It may be stated, here, that though Lukka had a house and some land in Ratha, he used to reside at Ambah. The prosecution story proceeds that on 16-11-1965, at about noon, while Lukka was cultivating land in village Ratha, 8 to 10 persons dressed in Khakhi and armed with guns, came to the spot and one of them fired at Lukka as a result of which Lukka fell dead. Mst. Dewalia (P.W. 7), second wife of Lukka, is said to have witnessed the occurrence. The FIR was lodged by one Sarman (P.W. 1) the same day at about 3 P. M. at police-station Mahua, situated at a distance of five miles from the place of occurrence. A copy of the FIR has been pl