JUDGMENT :

Vipul M. Pancholi, J.

(1.) This appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 (in brief, 'the Code', challenging the judgment and order, Dated: 18.03.2013, passed by the learned 4th (Ad Hoc) Additional Sessions Judge, Sabarkantha at Modasa (referred to as the 'trial Court', herein after), in Sessions Case No. 63 of 2011, whereby, the trial Court convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code, 1860 ('IPC', in short) and sentenced him to undergo imprisonment for life and for the offence punishable under Section 307 of the IPC to undergo rigorous imprisonment for five years and to pay fine of Rs.1000/- and in default to undergo further simple imprisonment for three months. The trial Court also convicted the appellant for the offence punishable under Section 25(1B)(a) of the Arms Act, 1959 , and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs.1000/- and in default to undergo further simple imprisonment for three months.

1.1 All the sentences are ordered to run concurrently.

(2.) The brief facts of the case of the prosecution, as unfurled before the trial Court, are as under; A complaint was given by one Natvarbhai Somabhai Suvera-PW 4 on 20.03.2011, before Meghraj Police Station, wherein, he stated that on 19.03.2011 the Holi pyre was set in the filed of one Laljibhai Kamajbhai Suvera. It is, further, stated in the complaint that, as per the custom of their village, since, the festival of Dhuleti, i.e. the next day of festival of Holi, the celebrations with colour were to be done at the place, where, the Holi pyre was set, the people of the village started gathering at the agricultural filed of Laljibhai Kamajibhai in the afternoon at about 02:30 pm. The agricultural filed, where, the villagers were celebrating Dhuleti is situated on the road leading to village Kundla from village Naranpur.

2.1 It is, further, stated in the complaint that while the festivities were going on, at that point of time, the appellant, herein, who is an ex-employee of Central Reserve Police Force and was having a licensed double barrel gun, came there with his gun.

2.1.2 After reaching the border of the agricultural filed, the appellant held his gun high towards the sky with his both hands and shouted towards the villagers to get ready. It is stated in the complaint that, since, the appellant was having the licensed gun and as he used to fire bullets from the said gun at the time of night many a times, the villagers did not pay any attention to the appellant.

2.1.3 The appellant, thereafter, fired one round in the air and then, he fired the second round towards the villagers, but, the same did not cause any injury to anyone.

2.1.4 The appellant, then, pulled out the cartridges, which were kept in the belt worn by the appellant around his waist, and again loaded his gun with the same and moved towards the crowd. The appellant, then, stopped at a distance of about 35-40 feet from the crowd. At that time, the nephew of the appellant, namely Shailesh, went towards the appellant to persuade him not to fire any more rounds. At that time, the appellant aimed his gun towards Shailesh and fired one round, which hit on the abdomen of Shailesh and he immediately fell down on the ground.

2.1.5 On account of the above, the people started running here and there in fear. The appellant, then, fired another round, which went past, slightly brushing the left thigh of the complainant and on account of that handkerchief and the trouser of the complainant slightly got torn/burnt.

2.1.6 Thereafter, the appellant again loaded his gun and fired two rounds, out of which, one round went past, brushing the left thigh of one Nandaben Maganbhai Suvera-PW 5, whereas, the other round went past through the saree and petticoat of Hiraben Khatubhai Suvera-PW 8.

2.1.7 The comp