1. - This is an appeal by Ajayab Singh against the judgment of Sessions Judge Churu dated September 5, 1983 whereby the appellant has been convicted under sections 307 and 322 Indian Penal Code and has been sentenced to rigorous imprisonment for seven years and one year respectively. Both the sentences have beet, made to run concurrently.

2. The prosecution case in brief was that on May 14, 1932 at about 11.30 p m. Sajjan Singh, Sub-inspector, Police alongwith Ramu Singh, Assistant Sub-Inspector of P.S Dharamstup were sitting at Police Chowki near railway station, Churu. At that time Om Prakash and Nemi Chand constables of the chowki came and informed Sajjan ingh and Ramu Singh that one Sardar and against judgment of Sessions Judge Cburu dated 5-9-83 in S C. No. 40/82. six other persons were quarrelling with Chandan Mal, proprietor of Shanti Lodge. An Ambassador car was standing nearby. One of the persons out of them had a gun with him. Sajjan Singh, Sub-inspector asked about the gun licence from the person who was holding the gun. That man started abusing and pointedly aimed the gun towards the constables. Thereafter the person holding the gun and one Avinash and one mere