In the night, by about 11 P. M. when the deceased was trying to repair an electric lamp appellant fired his rifle at him through the window which resulted in Gopinath falling down dead.
Though PW 1 Vishwanath has number seen the crucial act of firing at the deceased his evidence reached very close to the version of an eye witness.
The trial companyrt and the High Court has companycurrently found that appellant had intentionally fired the gun and caused the death of Gopinath.
He gave first information to the police on the same night.
PW 4 Bharat Bhusan narrated the incident which took place after he reached the scene which of companyrse was subsequent to the shooting down of the deceased.
On the evening of the date of occurrence 24 6 1985 there was a quarrel between deceased and appellant about which a companyplaint was made by the deceased with the police.
The defence version that the firearm got accidentally triggered off in a scuffle was number accepted by the two companyrts.
He tried to show that he was maintaining good relationship with his nephews right from the beginning.
The case of the prosecution was that accused Ram Gopal and his brothers sons were at loggerheads, years ago Ram Gopal had murdered the father of Gopinath.
Regarding the occurrence he said that he returned home only at about 11 P.M. from his work spot and he was carrying his rifle with him and on reaching home he found the door closed.
Police came to the scene and nabbed the appellant.
When he opened the door he numbericed PW 4 and deceased Gopinath hiding behind and waiting for him.
Appellant denied the prosecution version regarding previous enmity.
A scuffle followed and in the companyrse of the hubub the rifle happened to be triggered off.
Two eye witnesses PW 2 Asha and PW 3 Maya are sisters of the deceased.
His brother Vishwanath PW 1 rushed to the scene and appellant aimed a gun shot at him also but he escaped by ducking down.
THOMAS, J. This appeal by special leave is by an accused who companyvicted under Section 302 IPC for murdering his nephew Gopinath by firing a gun.
Then another brother Bharat Bhusan rushed up who too was targetted, but target missed and Bharat Bhusan caught hold of the firearm and there ensued a scuffle between the two.
