JUDGMENT : Palok Basu, J. The sole Appellant Parmeshwari Dayal being aggrieved by the judgment and order dated 11.4.1979 in S.T. No. 102 of 1977, passed by the Sessions Judge, Hamirpur, has filed this appeal challenging his conviction u/s 302, I.P.C. and sentence of imprisonment for life thereunder. 2. The charge against the Appellant was that on 24.2.1977 a little after breakfast time the Appellant went to the house of Kishan Das, P. W. 1 armed with a gun instantaneously committed the murder of Shekh Chand, son of P. W. 1 Kishan Das by firing at him from point blank range. 3. Sri A.D. Giri assisted by Sri K.D. Tewari has been heard at length in support of this appeal which is being opposed by Sri V.S. Misra, the learned A. G. A. The entire record has been thoroughly scrutinized. 4. The gruesomeness of the crime in the instant case is amply established by highhanded action of the Appellant in having first abused Kishan Das and then arming himself with the gun, going to the house of Kishan Das and when his son Shekh Chand asked the Appellant Parmeshwari Dayal as to why did the Appellant abuse Kishan Das, a blatant act of firing from the gun which he had come armed with filled cartridge which was discharged on the chest of Shekh Chand deceased who instantaneously dropped dead. 5. The tragedy of the case is more profound because the Appellant happens to be the own nephew of Kishan Das i.e. the first cousin of the deceased Shekh Chand. It was impossible perhaps for either Kishan Das or Shekh Chand to expect that the Appellant would resort to this blatant criminality Just because Kishan Das had said that the Mahua trees which has been cut away by Parmeshwari Dayal should be equally divided or its price be paid. 6. The incidents said to have happened on 24.2.77 in the morning which has been described in the first information report as Kaleva-ka Bern which expression indicates that the time of the incident was a little around breakfast time. The first information report was lodged by Kishan Das at Police Station Panvadl at 3.05 p.m. when he had collected courage to go to the police station along with the village Chaukidar whom he had called after the gruesome murder of his son had taken place. The first information report was lodged by Kishan Das at Police Station Panvadl at 3.05 p.m. when he had collected courage to go to the police station along with the village Chaukidar whom he had called after the gruesome murder of his son had taken place. An oral F.I.R. was recorded at the police station by P.W. 6 Shant Kumar Bajpai who was then posted as head Moharir at the police station. He duly registered the case and since the Investigating Officer was not present in the police station, he deputed a constable to carry the Information about the murder to the Station Officer. However, P.W. 3 Lakhan Singh, Sub-Inspector had reached the spot to complete the inquest report. P.W. 7, Sher Singh, the Station Officer ultimately reached the place of occurrence a little after 5.00 p.m. from the village Turra where he had already gone in connection with some earlier investigation. He says that he found the dead body of Shekh Chand in the Kotha of the deceased and at his behest the inquest report was prepared by P.W. 3 Lakhan Singh. The Investigating Officer prepared the site-plan and also the other documents such as Challan nas Khaka nas and also wrote a letter for getting the post-mortem examination done. The autopsy on Shekh Chand was performed on 25.2.1977 at 4.00 p.m. by P.W. 5 Dr. H.C. Pandey. 7. The dead body was produced before P.W. 5 Dr. H.C. Pandey on 25.2.77 Dr. Pandey found the following ante-mortem injury on the body of the deceased: Gun shot wound of entrance 3 cm. x 3.5 cm. x abdominal cavity deep on right side of abdomen 4 cm. from mid plane and 4 cm. from right anterior superior aliac spine deep small intestines coming out of the wound. 8. On an internal examination he found that there was a big hole under the injury. The cavity contained lb 4 ozs. of blood. Two pieces of wad were also recovered from the cavity. Small intestines were empty and there were holes at three places, the large Intestines contained fecal matter. The bladder was full. The right pelvic bone was fractured because of the injuries. The muscles were ecchymosed by about 12 cm. on the thigh. Two pellets were recovered from the muscle of the right thigh. There was chip fracture on the upper portion of the right femur bone. 9. The bladder was full. The right pelvic bone was fractured because of the injuries. The muscles were ecchymosed by about 12 cm. on the thigh. Two pellets were recovered from the muscle of the right thigh. There was chip fracture on the upper portion of the right femur bone. 9. In the opinion of Dr. Pandey Sheikh Chand had died between 18 to 36 hours earlier due to shock and haemorrhage as a result of the injuries. 10. As noted in the post-mortem examination report, the charge from the bullet had gone practically into the abdominal region of the deceased smashing the entire abdominal structure including the pelvic bone. Not only pellets but even wads were recovered from inside the injured portion. 11. The eye witnesses in the instant case happened to be P. W. 1 Kishan Das, P. W. 2 Smt. Madhuria who is the wife of the informant and P. W. 4 Smt. Parvati, aged about 25 years who was the young happy wife of the deceased but rendered a widow at the gruesome crime committed by the Appellant. The statement of all these three witnesses has been fully relied upon by the learned Trial Judge and he has also held that the injuries noted in the post-mortem examination report as also the surrounding circumstances found or noted during the Investigation, fully corroborate the eye-witnesses account furnished by the said three eye-witnesses. 12. It may be stated here that the house of the Appellant and that of the deceased are practically adjacent as the site-plan indicates. Thus, what could have been an ordinary dispute about cutting of trees was converted by the Appellant into the tragic end of a stout young man who was none else than his own first cousin. 13. Sri A.D. Girl, learned Counsel for the Appellant rook us to the entire record but could not advance any argument on the basis of which either the presence or the statement of any of the three eye-witnesses could be challenged. It may be stated here that Smt. Parvati P.W. 4, now the widow of the deceased Shekh Chand was cooking pulse at the relevant time and on hearing the gun shot had rushed to find that her husband was gasping and dying while the Appellant was running away with the gun. It may be stated here that Smt. Parvati P.W. 4, now the widow of the deceased Shekh Chand was cooking pulse at the relevant time and on hearing the gun shot had rushed to find that her husband was gasping and dying while the Appellant was running away with the gun. This circumstance coupled with the statement of Kishan Das and P. W. Smt. Madhuria who have directly seen the incidents leave no manner of doubt that the entire prosecution case is correct and the trial court has committed no error whatsoever in placing reliance on their ocular testimony. 14. The learned Counsel for the Appellant therefore, lastly argued that since it was only one gun shot which resulted in the dead of shot the court should Infer that on the facts and circumstances of the present case the charge at best should have been u/s 304(1) and not u/s 302, I.P.C. in support of this argument reliance was placed on a decision of the Hon'ble Supreme Court in Jagrup Singh Vs. State of Haryana, AIR 1981 SC 1552 . The argument proceeded that in the cited case the Hon'ble Supreme Court had Inferred that something must have happened between the lime the altercation took place and kassi had hit at the deceased and therefore, held that the charge u/s 302, I.P.C. in any case was not made out. It is Sirgued that likewise, in the instant case, this Court has also to presume that something more Inciting must have intervened between the time of arrival of Appellant and the deceased asking the Appellant as to why he had abused his father, However, there is absolutely no material on the record on the basis of which any such Inference can be drawn. Infact, the statement of Kishun is straight forward and duly corroborated by the first information report lodged by him which shows that the Appellant had come armed with a gun which was already having cartridge inside the barrel. Infact, the statement of Kishun is straight forward and duly corroborated by the first information report lodged by him which shows that the Appellant had come armed with a gun which was already having cartridge inside the barrel. On the facts, learned A. G. A. was right in arguing that perhaps the Appellant would have shot dead Kishun had he met the Appellant again but is it so happened that Shekh Chand, son of P.W. 1 Kishun Das met the Appellant and asked him why he chose to abuse his father, that the Appellant lost all sense and discharged the bullet on the deceased Shekh Chand causing his instantaneous death. Therefore, the ruling cited by the learned Counsel for the Appellant has absolutely no application to the facts of the case. It may be relevant to mention here that in the cited case itself the Hon'ble Supreme Court made the following observations: If a man deliberately strikes another on the head with a heavy log of wood or an iron rod or even a lathi so as to cause a fracture of the skull, he must in the absence of any circumstances negativing the presumption, be deemed to have intended to cause the death of the victim or such bodily injury as is sufficient to cause death. The whole thing depends upon the intention to cause death, and the case may be covered by either clause Firstly or clause Thirdly. The nature of Intention must be gathered from the kind of weapon used, the part of the body hit, the amount: of force employed and the circumstances attendant upon the death. 15. As mentioned above the Appellant having already armed himself with a gun which had cartridge filed in the barrel from before and then shot at the deceased from point blank range had no other intention but to finish and extinguish the life of Shekh Chand. Therefore, the conviction and sentence awarded by the Trial Judge call for no interference whatsoever. 16. In view of the aforesaid discussion the appeal falls and is hereby dismissed. The Appellant is on bail he will surrender to his bail bonds failing which the C. J.M., Hamirpur will take steps to procure the attendance of the Appellant and transmit him to Jail to serve out the sentence awarded.