ORDER :

1. This criminal appeal has been preferred against the impugned judgment and order dated 4.12.2009 passed by the High Court of Himachal Pradesh at Shimla dismissing the Criminal Appeal No. 104 of 2007 and affirming the judgment and order of Fast Track Court, Mandi (H.P.) in Session Trial Nos. 32 of 2004 and 80 of 2005 by which and where under, the Appellant stood convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the Indian Penal Code) and has been awarded life sentence alongwith a fine of Rs. 10,000/- in default of payment of fine, to further undergo one year imprisonment.

2. Facts and circumstances giving rise to this appeal are as follows:-

(a) As per the prosecution, an altercation took place between the Appellant and his son on 14.6.2004 at about 9.00 P.M. The daughter of the Appellant named Shukari Devi called Devinder Kumar (deceased) and his mother Bhagti Devi (PW-1), who were the next door neighbour. Devinder Kumar (deceased) and Bhagti Devi (PW-1) reached the house of the Appellant and some altercation took place between the Appellant and the deceased. The accused fired at him and after receiving a gun shot injury, he fell down and die