Shyamlal (A1) and Satendra Kumar Tiwari (A2) [father and son] were prosecuted for commission of offence punishable under Section 302, 307 and 307 of the IPC respectively in S.T.No.91/93 and vide jugment of conviction and order of sentence dated 13.1.1999 passed by the 4th Additional Sessions Judge, Raipur, appellant No. 1 was sentenced to undergo imprisonment for life and fine of Rs. 1000/-, in default of payment of fine to further undergo R.I. for three months under Section 302 of the IPC and R.I. for ten years and fine of 1000/-, in default of payment of fine to further undergo R.I. for three months under Section 307 of the IPC and appellant No.2 was sentenced to undergo R.I. for ten years and fine of Rs. 1000/-, in default of payment of fine to further undergo R.I. for three months under Section 307 of the IPC.

2. Case of the prosecution as unfolded during the course of trial are as under :-

(i) Appellant No. 1 and complaint father at the time of date of occurrence were serving in the Police Department and complainant-s father had already retired a week's before the date of occurrence and has vacated the government quarter and shifted to Santoshi Nagar, Raipur. Prior to the date of occurrence, motor-cycle and scooter owned by appellant No.1 were subjected to fire, against which appellant No.1 has made a report in the Police Station and for which complainant Munna Tiwari @ Shrawan Kumar was prosecuted and criminal prosecution was pending and for which on, 6.10.92 appellant No.1 met the complainant and decided to settle the dispute amicably.

(ii) On the date of occurrence i.e. 7.10.92, the appellants were residing in the second/middle floor of the building.

(iii) Case of the prosecution, in brief, is that on 7.10.1992 at 10.45 p.m., a report was lodged by Munna @ Shrawan Kumar that pursuant to the meeting dated 6.10.1992, he along with Shailendra Chandrakar, Santosh Pathak and Sushil Oza met appellant No. 1 Shyamal in his house situated at Traffic Colony, Police quarters (where appellant No.1 was residing) and on reaching appellant No. 1 Shyamlal made a gun shot injury in which Shailendra Chandrakar fell down, his son Satendra Tiwari (A2) assaulted by sword, by which he suffered injury in his left leg. He has also informed that Sushil Oza has suffered gun shot injury on his report Ex.P/55. Dhehati nalishi was registered vide Ex. P/ 55A. and FIR Ex.P/55 was also registered by Police of Police Station, Purani Basti, Raipur. Thereafter, wheels of investigation started running and after completing the investigation, the jurisdictional police submitted the charge-sheet under Section 173 of the CrPC against the appellants for commission of offence under Sections 302, 307 and 307 of the IPC.

(v) The prosecution in order to support its case examined PW-1 to PW-28 witnesses, and hibited the documents Exs.P/1 to P/63 to bring home the offence.

(vi) The accused persons abjured the guilt and entered into defence. However, no witness has been examined in support of their defence, but exhibited one document Ex.D/1 and also explained the incriminating evidence put to them and pleaded in statement made under Section 313 of the CrPC that complainant Munna Tiwari and Shailendra Chandrakar came to their house in the night armed with deadly weapons and misbehaved with female members present in the house and therefore, in exercise of right of private defence of the person and property, four rounds of fire were made in the floor by appellant No.1 and have also made complaint in the Police Station against the complainant.

(vii) The trial Court by its impugned judgment dated 13.1.1999 convicted the appellants for offence punishable under Sections 302, 307 and 307 of the IPC and sentenced them for the period already stated in opening paragraph of this judgment by the appellants herein.

3. Feeling aggrieved against the judgment of conviction and