Janak Raj Kotwal, J.

1. State is in appeal against judgment of learned 2nd Additional Sessions Judge, Jammu dated 14.09.2002, whereby in Session case No. 57 respondent, Gurmeet Singh (hereinafter to be referred as the accused) has been acquitted after his trial for commission of offence under sections 302 RPC and 30 Arms Act. Heard. We have perused the record.

2. Prosecution case as it was set up before the trial court, briefly, is that on 23.10.2000 at about 20:45 hrs. (8:45 p.m.) Jamal Ahmad Khan, Head Constable No. 630110183 of 21 Bn. CRPF (hereinafter to be referred as the 'deceased') was shot at in his tent in CRPF Camp at Sector No. 6, Channi Himmat, Jammu (J & K). He was evacuated to Government Medical College Hospital, Jammu where he was declared as brought dead. P.W.-1, Raghuvansh Kumar, Assistant Commandant of the Battalion lodged written information about the incident at Police Station, Channi Himmat, Jammu at 2200 hrs. (10:00 p.m.), which was entered as Report No. 29 in the daily diary of the Police Station. P.W.-1 while reporting the incident also stated in the written information lodged by him that though it was not known as to who shot at the deceased but Con