Indermeet Kaur, J.

1. The appellant is aggrieved by the impugned judgment and order of conviction dated 08.07.2009 whereby the appellant has been convicted under Section 302 of the IPC as also under Section 25 read with Section 27 of the Arm Act. He had been sentenced to undergo imprisonment for life specifically stating that the appellant shall not be considered for parole till he has served twenty years of incarceration. He was also sentenced to pay a fine of Rs.50,000/-in default of payment of fine to undergo simple imprisonment for a period of six months. No separate sentence had been passed under Sections 25 and 27 of the Arms Act.

2. The case of the prosecution is based on the statement of the deceased Rajesh Yadav @ Talli. On the fateful day of 28.11.2003 he was gun shot by the appellant in the Tis Hazari Complex on his way to the lock up after he had gone to attend a hearing as an under trial in FIR No.102/2002 PS Jahangirpuri. As per this version (Ex.PW-1/B) when the deceased reached in front of the lock up one person from behind him fired a bullet at him; the appellant Prem Chand was specifically named as the assailant; further version of the deceased being th