JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J. –

The appellant has assailed the judgment dated 18th October, 2004 passed by the High Court of Himachal Pradesh, Shimla in Criminal Appeal No.259 of 2002. By the impugned judgment the High Court dismissed the appeal and affirmed the judgment passed by the Trial Court dated 27th March, 2002 in Sessions Trial No.17-S/7 of 2001 wherein the Trial Court convicted the appellant and sentenced him to imprisonment for life and also to pay fine of Rs.5,000/- for the offence under Section 302 IPC and in default, further imprisonment for one year. The appellant was also sentenced by the Trial Court for the offence under Section 324 IPC to undergo imprisonment for six months and to pay fine of Rs.500/-, in default, further simple imprisonment for one month. The appellant was also sentenced for the offence under Section 27 of Arms Act to undergo imprisonment for three months and to pay fine of Rs.1000/-, in default, further simple imprisonment for one month. The Trial Court ordered that all the aforesaid sentences shall run concurrently.

2. The facts of the prosecution case as stated by Jai Pal (PW.5) are that he was carrying business of taxi in Shimla. On 3