JUDGMENT :

N.V. RAMANA, CJI.

1. The present appeal arises from the judgment dated 26.05.2017 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 1870/2005. The High Court dismissed the appellant’s appeal against judgment dated 18.08.2005 passed by the First Additional Sessions Judge, Sidhi in Sessions Trial No. 119/2003, confirming his conviction under Section 307 of the Indian Penal Code, 1860 (‘IPC’) and Sections 25 and 27 of the Arms Act, 1959 (‘Arms Act’).

2. The appellant was sentenced to undergo three years of rigorous imprisonment with fine of Rs.500/- under Section 307 IPC. He was further sentenced to undergo three years of rigorous imprisonment with fine of Rs.1,000/- under Section 27 of the Arms Act and one year of rigorous imprisonment with fine of Rs.500/- under Section 25 of the Arms Act. Appellant has undergone approximately 1 year, 7 months of his sentence and was released on bail by this Court during the pendency of the present appeal.

3. The factual matrix as per the prosecution is that, on 14.02.2003 at about 10:30 p.m., the appellant and co-accused went to the complainant’s house and called him outside. When the complainant came out, the app