ORDER :

Aggrieved of the divergent finding recorded on the charge by the High Court in exercise of its appellate jurisdiction, setting aside the finding of acquittal recorded by the Trial Court on the charge of murder under Section 302 read with Section 34 of the Indian Penal Code (for short, "IPC") and Section 27 of the Arms Act, the appellant is before this Court.

2. Shri Manoj Prasad, learned senior counsel appearing on behalf of the appellant very vehemently contended that the Trial Court despite many prosecution witnesses, except P.W. 1- Rakesh and P.W.8- Biniya Bai (son and wife of the deceased) turned hostile, considered their evidences and also the FSL report and there is no definite case rendered whether the bullet shots were fired either with weapon, Exhibit A-1 and A-2, the 12 bore country made pistols or Exhibit C-2, a 12-bore Shaktiman Express made metallic head. The Trial Court after detailed analysis of the evidence on record recorded the finding on the charge that the prosecution case suffers from infirmity that there is no cogent evidence placed on record, including the evidence of P.W. 1 and P.W. 8 coupled with medical evidence. The benefit of doubt was extended in