Sarjug Gope sustained firearm injuries and fell on the ground.
The appellant filed an appeal before the Patna High Court challenging his companyviction and sentence.
He recorded the statement of various witnesses and later held inquest on the dead body of deceased at the hospital at Patna.
On the side of the prosecution, PW 5 Bhola Gope and PW 6 Banwari Gope were examined to prove the incident.
Meanwhile, some persons from the neighbourhood had companylected at the place of occurrence and injured Sarjug Gope was removed to Karai Parsurai dispensary for treatment.
At the dispensary, the Doctor advised that the injured be taken to the hospital at Patna.
PW 6 is the sole eye witness who saw the entire incident.
Injured Sarjug Gope, while undergoing treatment at the hospital at Patna died in the night.
Two other accused tried along with him were acquitted by the sessions companyrt.
Near the place of incident, he found one .315 bore empty cartridge and he recovered the same in the presence of two witnesses.
The judgment and order of the High Court is challenged before us.
Earlier, while injured Sarjug Gope was in the Karai Parsurai dispensary, PW 12 Sub Inspector of Police recorded his statement at about 5.30 P.M. PW 12 companyducted the investigation and he prepared the muazzer.
The prosecution case is that on 25.6.1984 while accused Arbind Gope was grazing his cattle, his company strayed into the field of Sarjug Gope alias Rukha Gope and this led to a wordy altercation between Sarjug Gope on the one hand and Arbind Gope and Karoo Gope on the other.
After the investigation, he filed the charge sheet.
When this wordy altercation was going on, the appellant Krishna Gope brought a companyntry made rifle from his house and fired at Sarjug Gope.
G. BALAKRISHNAN, J. Appellant Krishna Gope was tried for the offence of murder for having caused the death of Sarjug Gope.
The sessions companyrt found him guilty and sentenced him to undergo imprisonment for life.
