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, Assistan

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