Z.K. Saiyed J.—The appellant has preferred the present appeal against the judgment and order of conviction and sentence dated 24th December, 2009 passed by the learned 4th Additional Sessions Judge, Vadodara at Camp Chhotaudaipur, in Sessions Case No. 70 of 2008, whereby the learned Judge has convicted the appellant-accused for the offence punishable under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of seven years, and also imposed fine of Rs.1,000/-, and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of six months. The appellant has also convicted for the offence punishable under Section 25(1)(a) of the Arms Act and sentenced him to undergo simple imprisonment for a period of six months, and also imposed fine of Rs.500/-, and in default of payment of fine; sentenced him to undergo simple imprisonment for a further period of one month. However, the appellant was acquitted from the offence punishable under Section 504 of the Indian Penal Code, Section 40 of the Arms Act and under Section 135 of the Bombay Police Act.

2. It is the case of the prosecution that on 20th May,