S.P.Garg, J.;—

1. Vijay Kumar Shukla (A-1) and Rajesh Raja (A-2) impugn judgment in Sessions Case No.09/2008 arising out of FIR No.48/2001, Police Station Rajender Nagar by which they were convicted for committing offences punishable under Sections 302/186/34 IPC; under Section 68 Excise Act and under Section 25/27 Arms Act and sentenced to undergo imprisonment for life with fine.

2. On 04.02.2001, Const. Krishan Kumar and Const. Kadam Ganga Dhar were on patrolling duty on motorcycle bearing No.DL-1SM-0597 (TR-33) from 09.00 A.M. to 09.00 P.M. Const. Krishan Kumar was the driver and Const. Kadam Ganga Dhar was pillion rider. At about 07.30 P.M., at the corner of block No.27, they found a Maruti car in which two boys were consuming liquor at a public place. Const. Krishan Kumar, in the discharge of his official duties, went to check the car. He made enquiries from the driver and asked him to show his licence. He also took out a black colour bag from the car. On that, one of the boys (A-2) exhorted A-1 to fire at Const. Krishan Kumar as they were caught. A-1, thereafter, fired at him (Const. Krishan Kumar) twice on his chest and the assailants fled the spot. Kadam Ganga Dhar