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 Constable No. 913242435 (DVR.), Gurmeet Singh of the unit staying in the same tent has absconded from the camp and that four spent cartridges were found under the cot, on which the deceased was lying with bullet injuries. On this information, offences under sections 302 RPC and 3/25 Arms Act were registered as FIR No. 354/2000 at Police Station, Trikuta Nagar (Bahu Fort) and investigation was entrusted to Shokat Mir, Sub Inspector, Additional SHO of the Police Station, Channi Himmat (P.W.-16).

3. The Investigating Officer (I.O.) proceeded to the spot. He seized blood stained blanket and a bed sheet bearing bullets marks from the bedding of the deceased. The I.O. took into his possession the dead body of the deceased and dispatched it for postmortem. He seized four spent cartridges and bullets within the tent where the occurrence had taken place.

4. Prosecution case further is that after the incident the accused had surrendered at Police Station, City Jammu along with his pistol loaded with live rounds. I.O. took charge of the accused and his pistol and five live rounds (cartridges) from Police Station, City Jammu.

5. The I.O. after performing other formalities including inter-alia the preparing the sketch map of place of occurrence, recording statements of the witnesses under section 161, Cr.P.C. collection of postmortem report and Ballistic Expert's report found that on the date of occurrence there was a minor altercation between accused and the deceased inside the tent and the accused shot dead the deceased by firing through his service pistol, which had been allotted to him. I.O. thus, found commission of offences under sections 302 RPC and 30 Arms Act by the accused. Charge sheet against the accused was filed in the court of Committal Magistrate, which after committal came up for trial before the learned 2nd Additional Sessions Judge, Jammu.

6. Learned trial court upon consideration of the record of the case and hearing both sides, framed charges under sections 302 RPC and 30 Arms Act against the accused. The accused pleaded not guilty and claimed to be tried. Prosecution entered its evidence and examined 13 witnesses, namely, Raghuvansh Kumar, Assistant Commandant (P.W.-1), Tejpal Singh, Assistant Commandant (P.W.-2), Surinder Pal (P.W.-3), Ram Janam Paswan (P.W.-4), Shiv Singh, (P.W.-5), Allahabad (P.W.-6), Hem Raj Sharma, ASI (P.W.-9), Mohd. Aslam, Constable (P.W.-10), Pritam Chand, Naib Tehsildar (P.W.-11), Gopal Ram (P.W.-12), Abdul Rashid (P.W.-13), Sarwar Khan (P.W.-14), Dr. Sanjay Kumar Bhat (P.W.-15).

7. The trial court recorded statement of the accused, who produced S. Butta Singh and S. Gurcharan Singh as defense witnesses. Learned trial court after appraisal of the evidence and record, acquitted the accused holding that 'prosecution case fail