JUDGMENT

R. M. SAHAI, J.:- The only question in this appeal is whether the High Court was justified in reversing the order of acquittal and sentencing the appellant under S. 302 of Penal Code.

2. The Trial Judge disbelieved the prosecution story as the shot by which the deceased died having admittedly been fired from 50 feet, there could not have been any blackish margins of the injuries. It was held that the incident having taken place sometime in the early morning the lodging of FIR at 1.00 p.m. when the distance of police station was only 100 feet, created an impression that it was a manufactured document. Presence of Sulakhan Singh and Arjan Singh, the two eye-witnesses was also ruled out as the wad was recovered from a distance of 46 feet whereas the shot must have been fired from 6 feet. The High Court on the other hand relying on text books held that blackish margin of the injuries could be either due to grease of the bullet or from traces of gun powder.

3. We have heard the counsel for parties at length. We have been taken through the judgment of both the courts and evidence. We do not propose to decide if the High Court was justified in setting aside the finding of the trial