I. P. Singh, J. - (1.) PREM Singh, convict appellant, has preferred this appeal against the judgment and order of Sri S. B. L. Kackar, Sessions Judge, Hamirpur, dated 30-7-1977, convicting and sentencing the appellant, under section 302 IPC to imprisonment for life and under section 323, IPC to two months' R. I. Both the sentences to run concurrently.
(2.) THE prosecution case is that Mansa Ram PW 3, Gopali PW 1 and Raja Ram are three brothers living in village Mawai, Police Station Rath, district Hamirpur. Ram Kumar (deceased) was the son of Gopali PW 1 and appellant Prem Singh is the son of Raja Ram and his wife Smt. Tulsa Rani PW 4. The prosecution further case is that appellant Prem Singh and his wife were not on good terms with his parents Raja Ram and Smt. Tulsa Rani PW 4. They hud been forced to live else-where though a Kotha was allotted to them in the house of the appellant. On 3-7-1976, at about 3-00 p. m., Smt. Tulsa Rani PW 4 had gone to that particular Kotha inside the residential premises of the appellant to get some seeds. A dispute arose between Smt. Tulsa Rani PW 4 and his daughter-in-law i. e. the wife of the appellant. The appellant was also present there and he took sides with his own wife. In the process he happened to beat his mother, Smt. Tulsa Rani, with a Danda. She came out of the house weeping. The appellant also followed her and even beat her with a Danda outside the house. This attracted Gopali PW 1, Mansa Ram PW 3, Ram Kumar (deceased) and others. They objected to the behaviour of the appellant in beating his own mother. Exchange of hot words and abuses took place. Ram Kumar (deceased) advanced and pushed the appellant to save his aunt. The appellant ran inside his own house. The above mentioned witnesses followed him there. The appellant happened to climb over the stair-case. Ram Kumar tried to catch hold of him. The appellant took out a pistol from the Phenth of his Paijama and fired a shot at Ram Kumar which struck him at his neck. He fell down. The appellant ran away.
(3.) THE deceased in an injured condition was taken to the hospital, and, by the time they reached there, he breathed his last. The first information report of this incident was lodged by Gopali complainant PW 1 at Police Station Rath five miles away the same day at 5-25 p. m.;