Sanjiv Khanna, J.

1. Appellant-Gurdeep Singh challenges his conviction under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of Baljit Singh and violation of Section 27 of the Arms Act, 1959, vide judgment dated 15th March, 1999 in Sessions Case No. 30/98 arising out of FIR No.946/1997, Police Station Patel Nagar. By order on the point of sentence dated 16th March, 1999, the appellant has been sentenced to undergo imprisonment for life and fine of Rs.500/- under Section 302 IPC. In default of payment of fine, he has to undergo six months’ rigorous imprisonment. For the offence under Section 27 of the Arms Act, he has been sentenced to undergo rigorous imprisonment of three years and fine of Rs.200/-, in default of which, he has to undergo rigorous imprisonment of three months. Sentences have been ordered to run concurrently and benefit of Section 428 of the Code of Criminal Procedure, 1973 has been directed to be given.

2. The occurrence in question had taken place on 15th October, 1997 at about 9.45 p.m. near Lal Mandir, Baljit Nagar in West Patel Nagar. The prosecution has relied upon testimony of the eye witness Devinder Singh (PW-12), dying dec