ORDER

1. Heard Shri Pramod Dayal, learned counsel appearing for the appellant and Shri Anuj Kumar, learned counsel appearing for the State of Jharkhand.

2. This appeal has been filed against the Division Bench judgment of the High Court dated 30.06.2009 by which the appeal filed by the appellant challenging his conviction under Section 302/34 IPC and Section 27 of the Arms Act has been dismissed. The appellant aggrieved by the judgment has come up in this appeal.

3. The prosecution case, in brief, is that on 23.07.1988 at 9.15 pm informant Prem Kumar lodged a first information report before Police Station Kotwali, Ranchi to the effect that while the informant and his maternal uncle Mahesh Pandey were at their residence when their neighbour Sudhir Ganjhu came on a scooter and called the deceased. The deceased went to a culvert near the said Cinema and gossiped. Informant also came out of the house and went near Betal Gumti. Meanwhile, appellant arrived at the site on Hero Honda motorcycle driven by Deepak Deb. Stopping the motorcycle the appellant fired two shots at the Mahesh Pandey due to which Mahesh Pandey fell down and assailant fled towards Court on motorcycle. Mahesh Pandey w