( 1 ) NARSING Raysing Rajput, who was the Police Sub- Inspector of Gram Rakshak Dal (G. R. D.) at Bhuj, at the relevant time, on his being convicted for the offences under Secs. 307 and 333 of the Indian Penal Code, has preferred the present appeal. The learned Assistant Sessions Judge, Kutchh at Bhuj, by his judgment and order under appeal, dated January 17, 1994, held the appellant-P. S. I. guilty for the offence under Sec. 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for eight years and imposed fine of Rs. 500. 00 in default to undergo rigorous imprisonment for one month. The learned Assistant sessions Judge also found him guilty for the offence under Sec. 333 of the Indian penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500. 00, in default to undergo rigorous imprisonment for one month. The said order of conviction and sentence has been rendered by the learned assistant Sessions Judge, Kutchh at Bhuj in Sessions Case No. 17 of 1989.

( 2 ) THE case of the prosecution, shortly stated, is that P. W. 2, Mahmadhussen jusab, who was serving as a Driver in Motor Transport Section o