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 B