Tarkeshwar Nath, J.

1. This appeal under Sub-section (1) of Sec. 417 of the Code of Criminal Procedure by the State of Bihar is directed against the judgment acquitting the respondents in respect of the various charges framed against them

2. The case of the prosecution was that Gudar Singh (P W. 1) had purchased a house from Musammat Dhaneshar Kuer (P. W. 14), the widow of Rambhaju Singh on the 20th June 1960 by a sale-deed (Ex 2), and after the purchase. Gudar Singh came in possession of that house. On the 27th January 1962, Gudar Singh was sitting in the Sahan of that house, hut, at about 2 P.M., these respondents turned up variously armed and Girija Singh (respondent No. 2) ordered the other respondents to break the lock of the eastern door and enter that house Respondents Sakaldip Singh and Girija Singh were armed with pistols, respondent Deosharan Singh had a Bhala, respondent Ram Lakshman Singh had a lathi, whereas, the remaining respondents, namely, Lakshman Sao and Barho Singh had pharsas Gudar Singh made a protest, but Sakaldip Singh Fired his pistol. Rambrichh Choukidar (P. W. 9) had arrived there and the smoke coming out of the pistol fired by Sakaldip Singh affe