ORDER :

1. This appeal at the instance of the State is directed against acquittal of the respondent Chhote @ Shardamani who was an accused in Sessions Trial No. 222/1994 wherein it was alleged that the present respondent/accused shared common intention with his brother co-accused Rajan @ Sarvjit to murder Bigan Minj (PW-13).

2. The learned trial Court relying upon the evidence of the eye witnesses held that co-accused Rajan was guilty of commission of offence under Section 307 IPC as he had fired gunshot on Bigan (PW-13) with intention to kill. As far as, present accused Chhote @ Shardamani is concerned, the learned trial Court acquitted him holding that even according to the evidence of the prosecution witnesses, this accused, though present at the spot, did not give any assault to PW-13 the victim. Aggrieved by the said judgment this appeal has been preferred.

3. Learned State counsel argued in extenso and submitted that in the present case the learned trial Court committed patent illegality and perversity in acquitting respondent/ accused by giving him benefit of doubt only on the ground that he did not open any assault on victim Bigan Minj (PW-13) or any of his associates but with