ORDER

1. Leave granted.

2. In this case the appellant has been convicted of Section 307 of the Indian Penal Code besides Sections 25 and 27 of the Arms Act, 1959. Sentence of RI for 3 years on the 1st count and lesser sentence for the other counts have been imposed by the Sessions Court. When he filed the appeal in the High Court, after narrating the facts in paras 1 and 2 the High Court proceeded to consider the merits of the case in the following sentences :

"Prosecution in support of its case has examined altogether 8 witnesses. Three defence witnesses have also been examined on behalf of the accused. PW 2 Raghunath Singh, PW 3 Roop Narayan Sharma and PW 4 Ram Narayan are witnesses to the occurrence. PW 2 is the Head Constable. PW 4 is Constable whereas PW 3 is Assistance Sub-Inspector of Police. They have consistently stated in their evidence that it was the appellant who fired at the police party from a gun and when the police party retaliated, he along with another accused person surrendered. Gun as also catridges were recovered from the possession of this appellant. I do not find any contradiction in the evidence of this witness and the evidence led on behalf of the prosecutio