Judgment :

Dr. Mukundakam Sharma, J.

1.1. Leave Granted.

2.2. The present Criminal Appeals have been preferred against the judgment and order passed by the Allahabad High Court whereby it reversed the judgment and order of conviction passed by the trial Court under Sections 302, 307, 323, 342 read with 34 of the Indian Penal Code (in short "the IPC") and Sections 27 and 30 of the Arms Act.

3.3. The facts leading to the filing of the present appeals, as per the prosecution, in brief are that on 23.05.1994, i.e., a day prior to the date of the occurrence, Sunil Singh alias Guddoo (PW-2), a resident of village Vasnari, Police Station, Kerakat, District Jaunpur came to visit the house of Raj Narain Singh (PW-1), complainant/appellant herein who is a resident of village Pravaspur, Police Station, Mariyahun, District Jaunpur for the

`Bidai of his sister in connection with a marriage in PW-2s family. On the fateful day, i.e., 24.05.1994 at around 8.30 a.m., PW-2 went to the petrol pump known as the Dharamraj Service Station, Pali owned by the accused persons for procuring petrol for his scooter. At the petrol pump, an altercation arose between PW-2 and Prabhakar Pandey (Accused No.3), and