S.P. Garg, J.

1. Anil Taneja (A-1) and Madan Lal (A-2) challenge their conviction in case FIR No. 256/1998 registered at PS Moti Nagar in Sessions Case No. 112/1998. By a judgment dated 17th July, 2000 passed by learned Additional Sessions Judgment, they were held guilty under Sections 304 and 323 IPC respectively. A-1, in addition, was convicted under Section 27 Arms Act. By an order dated 19.07.2000, A-1 was awarded various prison terms with fine while A-2 was released on probation. The prosecution case emerged out of the record is as under:-

2. On 26.06.1998 at about 12.30 a.m. at shop No. 26-27, Subzi Market, Moti Nagar, an altercation ensued among the appellants and Munna for allowing Shyam Sunder to gamble at their shop. In the said quarrel, A-2 injured Munna by inflicting a danda blow on his head and on his exhortation, A-1 fired shots from the licenced revolver at Munna with an intention to murder him but the target missed and it hit Guruswamy standing nearby and caused his death. During the course of investigation, A-1 and A-2 were arrested. Post-mortem examination of the body was conducted. The crime weapons i.e. revolver and danda were recovered. Statements of wi