Hon’ble Ramesh Sinha, J.—Heard Sri Aviral Saxena, learned Amicus Curiae appearing on behalf of the appellant and learned A.G.A. for the State.

This criminal appeal has been filed against the judgment and order dated 20.3.1985 passed by VIII Additional Sessions Judge, Agra in Session Trial No. 573 of 1984 convicting and sentencing the appellant to undergo for two years rigorous imprisonment under Section 307 and one year rigorous imprisonment under Section 25/27 Arms Act.

2. The prosecution story in brief is that on 29.3.1983 at about 2:30 p.m. in Mohalla Masthan within the police circle Kotwali District Agra, accused Shiv Kant fired with his pistol at the police party. The first fire did not hit any one and it is further stated that the accused again fired but it missed the target and the accused was apprehended by the police and from his right hand a country made revolver with which he had fired, was recovered.

The F.I.R. was lodged at the concerned police station and was registered by Head Constable Baboo Ram. A Chick F.I.R. which was written by Head Constable Baboo Ram has been marked as Ex. Ka-2.

After investigation, charge-sheet was submitted against the accused under