JUDGMENT :

SURYA KANT, J.

1. Appellant-Surinder Singh has laid challenge to the judgment dated 19th May 2010 of the High Court of Punjab and Haryana, whereby, the order of his conviction and sentence dated 25th July 2006 passed by Learned Additional Sessions Judge, Chandigarh was confirmed. The Appellant has been convicted under Section 307 of the Indian Penal Code, 1860 (hereinafter ‘IPC’) and Section 27 of the Arms Act, 1959 (hereinafter ‘Arms Act’) and sentenced to rigorous imprisonment of 3 years for both the offences, with a direction that sentences will run concurrently.

FACTS:

2. The prosecution case in brief is that, on 10th July 1999, Mansur Ali, Advocate (Complainant) was sitting at his residential office along with his clerk Maler Singh (PW-3), giving dictation to his steno, R.K. Sood (PW-4). At about 5:30 PM, the Appellant, who was then a Head Constable in Chandigarh Police, entered the residential office of the Complainant in an inebriated condition and stating that he was a beat officer of the lane, asked for a glass of water. He thereafter sat across the Complainant and after consuming the water served to him by Balbir Singh (PW-5), pulled out his service pistol and thre