Ved Prakash Vaish, J.

1. By the present appeal, the appellant –Dhananjay Singh Chauhan seeks setting aside of the judgment dated 23rd May, 2011 and order on sentence dated 24th May, 2011 arising out of FIR No.346/2008, P.S. Connaught Place passed by the learned Additional Sessions Judge, New Delhi whereby he was respectively convicted for the offences under Section 302 of the Indian Penal Code (‘IPC’ for short) and Section 27 of the Arms Act and was sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/- in default thereof to undergo further imprisonment for 15 days under Section 302 IPC and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/-, in default to undergo rigorous imprisonment for seven days under Section 27 of the Arms Act. Both the sentences were ordered to run concurrently.

2. Briefly stated the case of the prosecution is that on 21st July, 2008, the appellant had gone to Mano Kanika Singh (PW-2) as he was in search of a job who introduced him to his security guard incharge. After 5.30 p.m., the appellant and PW-2 had gone out of their office and on their way, they had met with Sher Bahadur Singh (deceased) who accompanied them. Thereafter PW-2 and deceased planned to consume liquor and they went near Gopal Das Bhawan at the shop of Avinash Mishra (PW-8) where liquor was purchased and consumed by PW-2 and the deceased. It was also offered to the appellant. However, he refused stating that he does not take liquor. Tea was arranged for him and Avinash Mishra (PW-8). When they were consuming liquor, a police officer had come there and on seeing him, the deceased asked them to go to the basement. PW-2, the appellant and deceased went to the second basement and on the way they purchased pepsi and some namkeen for the appellant. There they sat on a bench lying in the basement. The deceased had got some steel glass (Ex.P3) in which he had poured wine with pepsi and mixed them and offered the drink of wine and pepsi to the appellant and prepared two pegs one for PW-2 and other for himself. The liquor was consumed for 10-15 minutes. The appellant asked the deceased as to what he had mixed in the pepsi as he was feeling giddiness and demanded a glass of water from him. Altercation took place between him and the deceased which PW-2 pacified and asked them to sit peacefully. Thereafter PW-2 went to basement-I for bringing the water. When PW-2 was coming back, he saw that the appellant was grappling with the deceased. The appellant had his licensed revolver in his hand. In the meanwhile, he heard noise of fire and saw the deceased had fallen down. The revolver of appellant and the appellant also had fallen. PW-2 thereafter went to the basement-1 to inform about the incident to the Times Office Staff, who in turn informed the police.

3. Thereafter at about 10.00 p.m., the message on wireless was received that one person had shot at the Statesman Building, Barakhambha Road. Constable Jitender (PW-14) and HC Ranjeet Singh (PW-24) who were on patrolling duty reached there and found that number of persons were gathered at the main gate. The security guard Parshant Kumar (PW-21) stated that one person had been shot and the person who had shot was wandering with a pistol and the guard and public persons had closed the way going towards the basement parking. The police officials reached the second basement parking and saw appellant roaming with a pistol in his hand. The appellant told the police officials that he had shot dead Sher Bahadur Singh and would also kill them (that is the police officials). HC Ranjeet Singh (PW-24) took out his service pistol and warned the appellant. The appellant was overpowered. Pistol (Ex.P6) was snatched from the appellant. The magazine (Ex.P7) was recovered from the pistol which contained three live cartridges.

4. On receipt of copy of DD No.30A (Ex.PW15/A), S.I. Rajiv Vimal along with Head Constable Sant Lal (PW-13) reached the second basem