S.S.Saron, J.

1. This appeal has been filed against the judgment and order dated 24.11.1994 passed by the learned Additional Sessions Judge, Faridkot, whereby the appellant has been convicted for the offence under Section 307 of the Indian Penal Code (`IPC - for short) and sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of six months.

2. Case FIR No. 4 dated 12.1.1992 (Ex. PA/1) was registered at Police Station City Muktsar for the offence under Section 307 of the Indian Penal Court (`IPC - for short) and Sections 25 and 27 of the Arms Act, 1959 on the statement (Ex. PA) of Rohtas Singh, Assistant Commandant, 69 Battalion, D. Coy. CRPF (PW-1). It is stated by Rohtas Singh (PW-1) that he is posted as Assistant Commandant, 69 Battalion, D. Coy. CRPF and his company had been put on duty for the Maghi fair at Muktsar. The company camped at Government Primary School Baghwali Street, Muktsar. The company was posted on duty at Gate Nos. 4, 6 and 7 of the Gurdwara Sahib, Muktsar. The company returned to Government Primary School after disch