JUDGMENT

KAILASAM, J. :— This appeal is preferred by Modan Singh under S. 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act 1970 against the judgment of the High Court of Rajasthan in Criminal Appeal No. 664 of 1968 reversing the order of acquittal of the appellant by the Sessions Judge.

2. The appellant, Modan Singh, and one Sampuran Singh, were tried by the Sessions Judge of Ganganagar for causing the death of one Prithvi Singh on 16-12-1966, and were acquitted.

3. The case for the prosecution may be briefly stated. Jugraj Singh, P.W. 1 was a resident of the village of Banwala and was Sarpanch of Gram Panchayat of the village. On the evening preceding the night of the occurrence, Prithvi Singh, the deceased came to P. W. 1s house and requested him to provide accommodation for the night. P. W. 1 allowed him to stay in an outer room of his house. While P. W. 1 was talking with others, the two accused, Sampuran Singh and Modan Singh, appellant herein, came there with Mewa Singh, P. W. 10 belonging to Banwala. At that time, the appellant, Modan Singh had a pistol container and bandolier on his shoulder. Sampuran Singh had a pistol. P. W. 1 served both the accused with fo