MODI, J.—This appeal arises out of the judgment of the Sessions Judge, Kota, dated January 29, 1973, convicting and sentencing Janardan Prasad, the appellant, to life imprisonment for the murder of Mool Chand.

2. The incident, to which this case relates, took place in Kota on April 14, 1972 at about 1.15 p.m. at the shop of P.W. 9 Gopi Chand. On the date of the incident, the appellant was holding the post of Sub-Inspector of Police. At about 12 noon on that day, the appellant, the deceased and P.W. 10 K.P. Mehta assembled at the shop of P.W. 9 Gopi Chand, and all of them including Gopi Chand commenced taking drinks. The appellant had a revolver Ex. 1 with him in a leather case. He took out the revolver Ex.1 from the leather case. He loaded it with cartridges and commenced cleaning it. Soon thereafter, all of a sudden, a report of a gun fire was heard and Mool Chand, the deceased, who was sitting in front of the appellant on a bench, fell down on the ground and died instantaneously on account of a bullet injury received on the chest from the revolver Ex. 1. P.W. 9 Gopi Chand immediately contacted on telephone Police Station, Nayapura, Kota, and informed P.W. 17 Ghanshyamdas, Assistant Sub Inspector of Police, that at his shop, the revolver went off from the hands of the appellant and it resulted in the death of Mool Chand. On receipt of the above in-formation, P.W. 17 Ghanshyamdas along with two constables proceeded to the shop of Gopi Chand, and there he was told by the appellant that Mool Chand died as the revolver went off accidentally P.W. 17 Ghanshyamdas recovered revolver Ex. 1 from the shop of P.W. 9 Gopi Chand. It was lying on a stool and its leather case was found lying beneath the stool. P.W. 17 Ghanshyamdas further found the revolver loaded with cartridges. He removed all the cartridges from the revolver and found one of the cartridges empty. He sealed all these articles and sent them to the ballistic expert. The post-mortem examination on the dead body of Mool Chand was performed by P.W. 11 Dr. Ram Kumar. He found the following external injuries,—

"1. Gun-shot wound 1/4" x 1/4" on the front of right side of the chest at the upper angle of the sternum (wound of entry), with right fourth coastal cartlage, third enter coastal space. 2. Abrasion 3/4" x 1/2" on the right loin."

On internal examination, the doctor found that there was "a fracture of lateral margin of sternum and upper margin of the right fourth coastal cartilage piercing through pluera, right lung (middle lobe) with heamothorax (right side)." The doctor also took out the bullet lying under the skin 1/2" left to the middle line. According to the doctor, injury No. 1 was sufficient in the ordinary course of nature to cause death. The doctor further opined that death of Mool Chand was caused due to the injury to the heart and the right lung.

3. After usual investigation, the police put up a challan against the appellant under sec 302 I.P.C. in the court of Additional Munsiff Magistrate No. 2, Kota, who after holding inquiry under sec. 207 Code of Criminal Procedure (old), committed the appellant for trial to the court of Sessions Judge, Kota. The appellant pleaded not guilty.

4. The prosecution examined 10 witnesses; of them P.W. 1 Chiranjilal, P.W. 9 Gopi Chand and P.W. 10 K.P. Mehta, appeared as eye witnesses to the occurrence

5. After the close of the prosecution evidence, the appellant was examined under sec. 342 Cr.P.G. (old). The appellant in his statement admitted his presence at the shop of Gopi Chand at the time of the incident He further admitted that he took revolver Ex 1 from the office of the Superintendent of Police, Kota, on the date of the incident. He further admitted that the revolver was with him when he went to the shop of Gopi Chand. He also admitted that at the time when the incident took place, the deceased was sitting opposite to him. He denied that at the time of explosion, the revolver Ex. 1 was in his hands, or in his lap. According to

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