Mr. G.K. Vyas, J.

In this cr. appeal filed under Section 378(iii) and (i) of the Cr.P.C. the State of Rajasthan is challenging the validity of the judgment dated 31.7.1995 passed by the Addl. Sessions Judge, Badli in Cr. Case No. 21/1992 by which the learned trial court acquitted the respondent Shaitan Singh from the charge levelled against him under Section 302 IPC.

2. As per brief facts of the case a written complaint (Ex.P/5) was filed by the complainant Narpat Singh PW-9 at Police Station Bali, District Pali in which it was alleged that today on 11.12.1991 at about 8.30 pm my younger brother Tej Singh came at home while taking maize grass and put behind the house, at that time, respondent Shaitan Singh came there and gave 2-3 slaps by hand to him and asked why you have put this maize grass here. At that time, the complainant immediately went near Tej Singh and asked him to go home and after inconveniencing Shaitan Singh take him to his house and closed the door. Upon hearing noise my father Peer Singh aged about 60 years who was sitting in the Shiv Temple came in front of the house and made inquiry. My father went to the house of Shaitan Singh and ask him not to make quarrel, but Shaitan Singh with intention to kill my father Peer Singh fired upon him from small window of his house and due to the said injury my father fell down, I, my wife Puran Kanwar, mother Sayar Kanwar and brother Tej Singh immediately went on spot for rescue and taking care of my father, at that time, again Shaitan Singh come out from the house and made fire due to the said fire injuries were sustained to my wife Puran Kanwar, due to said injury she fell down and Shaitan Singh run away from the place of occurrence. The complainant Narpat Singh further stated that my father Peer Singh died on spot and his dead body is lying on the place of occurrence and my wife in injured condition is also there and therefore, immediately action may be taken against Shaitan Singh. The written report was submitted by the Narpat Singh complainant at about 5.30 pm before SHO Police Station Bali upon which FIR no. 186 (Ex.P/20) was registered under Section 307 and 302 IPC.

3. The investigating officer immediately went on spot and prepared site plan (Ex.P/6) where dead body of Peer Singh was lying and took the body of deceased Peer Singh to the hospital. The blood stained clothes of injured Puran Kanwar were taken in possession for investigation vide Ex. P/8. During investigation respondent Shaitan Singh was arrested on 16.12.1991 vide Ex.P/9. Upon information given by respondent under Section 27 of the Evidence Act one rifle was recovered vide Ex.P/10 in front of 2 witnesses Chain Singh and Man Dan and upon completion of investigation, the police filed charge-sheet against Shaitan Singh in the court of Addl. Chief Judicial Magistrate, Bali from where the case was committed to, the learned Addl. Sessions Judge, Bali for trial.

4. In the trial after framing charge, the learned trial court recorded statements of 25 prosecution witnesses and, thereafter, recorded statement of respondent Shaitan Singh under Section 313 Cr.P.C. in which he denied all the charges levelled against him but the prosecution witnesses and said that I have been falsely implicated in this case. The learned trial court after providing an opportunity to lead evidence in defence finally heard the case and vide judgment dated 31.7.1995 acquitted the respondent Shaitan Singh from the charge levelled against him under Section 302 and 307 IPC but convicted for offence under Section 324 IPC and for offence under Section 25(1)(b) and 27 of the Arms Act. The respondent remained in custody from 16.12.1991 to 18.10.1994, therefore, passed sentence of already undergo which was two and half years for offence under Section 324 IPC along with fine of Rs. 2,000/- and in default of payment of fine to further undergo three months RI and for offence under Section 25(1)(b) of the Arms Act passed sentence of one year