Sunita Gupta, J.

1. Challenge in this appeal is to the impugned judgment and order on sentence dated 31st August, 2013 and 4th September, 2013 respectively passed by learned District and Sessions Judge, Karkardooma Courts, Delhi arising out of FIR No.116/2011 u/s 307/34 IPC and 25/27/54 Arms Act, whereby the appellant was convicted u/s 307 IPC and Section 25/27 Arms Act and sentenced to five years rigorous imprisonment and fine of Rs.20,000/- for offence punishable under Section 307 IPC in default to undergo SI for six months and sentenced to three years rigorous imprisonment and fine of Rs.10,000/- each for offence under Section 25 and 27 of Arms Act in default to undergo SI for three months.

2. The facts germane to the prosecution case are that on 14th April, 2011, one Harbir Singh made a complaint to the Police Station Ghazipur alleging, inter alia, that he was working as a driver in DTC. On 14th April, 2011, he was driving his old model DTC Bus bearing No. DL 1 PB 5189 on route No. 542 from Seemapuri Depot to Sarai Kale Khan Depot. At about 8:00 p.m., he reached near EDM Mall along with conductor Ram Milan Yadav. At that time, his son-in-law Sunil along with his brother Bittu and other two persons came in one Indigo Car which was given by him in dowry to his son-in-law and suddenly stopped the car in front of the running DTC bus. He took a sudden break. Sunil, Bittu and one other person came down from the car while the fourth person remained sitting in the car on driving seat. On the provocation of 3rd person, Bittu hit the glass of the bus with the brick lying on the road and in the meantime Sunil took out katta from his pocket and fired on him. Harbir bowed down and did not receive any injury. All the passengers sitting in the bus ran away from the bus. He made a call at 100 Number to police. The police reached the spot. SI Amarjeet Singh also reached the spot. He recorded the statement of Harbir Singh. One live cartridge, used cartridge, broken pieces of glass and piece of brick were seized.

3. On the statement of Harbir Singh, rukka Ex.PW17/A was prepared and FIR Ex.PW2/B was registered. Crime team was called at the spot headed by SI Naveen Kumar-PW6. Spot was got photographed through Constable Sandeep-PW3. Site Plan was prepared. Statement of PW7-Ram Milan Yadav, conductor of the bus was recorded.

4. On 15th April, 2011, the police reached Sahibabad at the house of accused Sunil. Car bearing No. DL 4C AL 0826 was got photographed. Mobile of the accused was put on surveillance. On 19th April, 2011, the DTC bus was got examined by the FSL Expert Sh. R. Suresh-PW16. On 30th April, 2011, it was revealed that the complainant Harbir Singh had been murdered regarding which an FIR bearing No.646/11 u/s 302/201 IPC had been registered at Police Station Sahibabad, UP against accused Sunil and his brother Bittu. Accused Sunil was arrested in which he made disclosure statement regarding present case. After getting production warrant issued against Sunil, he was arrested in this case. His disclosure Statement Ex.PW17/B was recorded. He took the police party to the place of incident and pointed out the same vide memo Ex.PW17/E. During the course of investigation, exhibits were sent to FSL, Rohini. After completion of investigation, charge sheet was submitted against the accused. The accused pleaded not guilty of the charge framed u/s 307/34 IPC and Section 25/27/54 Arms Act.

5. In order to substantiate its case, prosecution examined as many as 17 witnesses. All the incriminating evidence was put to the accused while recording his statement under Section 313 Cr.P.C. wherein he denied the case of prosecution in toto and alleged his false implication in this case. According to him, his wife Monika was having illicit relation with her earlier neighbour Ajay Pratap. Both of them were caught red handed and police of Indrapuram had registered FIR No. 346/2011 in this regard. Thereafter Monika left her matrimonial home and lodged a fals