R. S. SODHI, J.

( 1 ) WHETHER the judgment should be reported in the digest" (Yes)Criminal Appeal No. 338/2003 seeks to challenge the judgment and order dated 03. 05. 2003 in Sessions Case No. 32/2001 arising out of FIR No. 56/2001 police station Kapashera whereby learned Sessions Judge has held the appellant guilty for an offence of murder and convicted him under Section 302 IPC as also under Section 27 of Arms Act and has sentenced the appellant for life imprisonment under Section 302 IPC together with fine of Rs. 10,000/- and in default rigorous imprisonment for one year. He also sentenced the appellant for three years rigorous imprisonment under Section 27 Arms Act along with fine of rs. 3,000/- and in default further rigorous imprisonment for six years.

( 2 ) BRIEF facts as have been noticed by the Additional Sessions judge are as under:-

"mother of accused Jagmal had died at very old age. It is customary in some parts of our country that when a man or woman dies at very old age, it is celebrated and a function is organized. Jagmal had organised a similar function after death of his mother and on 28. 04. 2001 there was a programme of music arranged by Jagmal. Nafe Singh other accused is related to Jagmal and lives in the same village, Kapashera, where Jagmal used to live. Babu Lal also lived in the same village. It is the prosecution case that Babu Lal attended the music programme on the night of 28. 04. 2001. He was drunk at that time and in the drunken state he had an altercation with Jagmal and his relatives with the result Jagmal became angry from Babu Lal. On the next day i. e. 29. 04. 2001, jagmal went to Babu Lal's house, called him from his house and took him to chaupal and Nafe Singh was already at Chaupal with his single barrel gun. To take revenge of previous night Nafe Singh shot dead Babu Lal at Chaupal. An information of accident was given by somebody to PCR, PCR people and local police reached on the spot and found dead body of Babu Lal. Rajender who is cousin brother of deceased Babu Lal, gave statement to the police about killing of Babu Lal by Nafe Singh on the basis of which FIR was registered against Nafe singh and Jagmal. Police apprehended Jagmal and Nafe Singh of the same day. SBBL gun and two live cartridges were recovered at the instance of Nafe Singh. The spent cartridges was lying on the spot which was seized and sealed by investigation officer. The doctor who conducted post mortem on the body of Babu lal recovered some pellets from the body. These pellets were given to the investigation officer. Pellets, spent cartridges, gun recovered from accused nafe Singh and live cartridges were sent to CFSL. The expert gave opinion that the pellets were of the cartridges fired from the gun and the spent cartridges recovered from near the body was also fired from the same gun. After completing investigation challan was filed and accused persons were sent for trial before this court. "

( 3 ) TO bring home the guilt of the accused, the prosecution has examined 19 witnesses of which PW-1 is Phool Wati, wife of the deceased Babu Lal who testifies that a programme on the demise of the mother of Jagmal (the other accused who was also tried with the appellant but was finally acquitted) was arranged by Jagmal on 28. 04. 2001 and her husband had gone to attend the same. She testifies that liquor was served and when her husband came back he told her that an altercation had taken place between Jagmal and him (the deceased ). She goes on to depose that on 29. 04. 2001 i. e. the following day Jagmal came to their house at about 8/9 a. m. and called her husband. In spite of her warning, her husband left along with Jagmal. Shortly thereafter she heard a commotion in the gali and came out to learn that Nafe had shot her husband.

( 4 ) PW-12 is the star witness of the prosecution who is stated to be an eye-witness. He testifies that Harijan Chaupal is about 500 yards away from his house. A function of last rites of aged