[B.C. Kandpal, ACJ. (Oral)]

This appeal, under Section 378(3) Cr.P.C., has been preferred by the State against the judgment and order dated 25.10.1994 passed by Ist Additional Sessions Judge, Dehradun, passed in Sessions Trial No. 42/1992, State vs. Fakir Chandra, under Sections 302/324/323/307 I.P.C. and Sessions Trial No. 20/1992, State vs. Fakir Chandra, under Section 27, 25/4 Arms Act, acquitting the accused respondent.

2. The prosecution case, in short, is that accused Fakir Chandra along with his wives Smt. Sheela and Smt. Savita and two children used to live at his residence 12, Race Course Road, Dehradun. On the date of incident in the morning in between 8.30 a.m. and 9.00 a.m. accused Fakir Chandra was doing marpeet with his wives and daughters. On hearing noise Chaman Lal Anand (PW-3), who is a neighbour of the accused, gave the information about the incident at Police Chowki Lakhi Bagh. On the information Tejveer Singh, Incharge Inspector, Police Chowki Lakhi Bagh along with police force reached the house of accused Fakir Chandra. Since information with regard to incident was also given to Police Control Room, some police personnel including Constable Vikesh Ku