( 1 ) ONE Majid was shot at on the night between the 1st and the 2nd of March, 1959 at his house in village Maramau Khurd, police station Pisa-wan, district Sitapur. The report was lodged by majid himself and he named one Tasadduq as his assailant. Subsequently Majid died. Sri Imtiaz ali, station officer Pisawan, investigated this case. In the course of investigation it is alleged that he took a search of the house of Tasadduq on the 2nd of March, 1959 in the presence of tasadduq and his father Budha Khan and some search witnesses including Badullah, Imami khan and Niaz Ahmed and recovered unlicensed fire-arms from the possession of both. After completing the investigation he prosecuted both Tasadduq and Budha Khan. Budha Khan was prosecuted under Section 19 (f) of the Arms Act, while two cases were launched against tasadduq, one under Section 302. P. Code and the other under Section 19 (f) of the Arms Act. The case of Budha Khan was heard by Shrimati Usha Kansal, Sub-Divisional Magistrate, misrikh, Sitapur, and it was decided by her on the 12th of August, 1959. Budha Khan was acquitted as the trial court found that the entire evidence of: recovery was suspicious a