B.P. Katakey, J.

1. The Criminal Appeals are arising out of the judgment of conviction dated 16.6.2005 in B.S.R. Sessions Case No. 2/02 passed by the learned Additional Sessions Judge, Fast Track Court, Basar, Arunachal Pradesh convicting the accused/appellant under Section 302 IPC and under Section 27 of the Arms Act and sentencing him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs.5,000 in default to undergo further rigorous imprisonment for 2 years for the conviction under Section 302 IPC and to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.2,000 in default to undergo further rigorous imprisonment for 6 months for conviction under Section 27 of the Arms Act. The reference has been made for confirmation of the sentence in view of the provision contained in Regulation 30(1) of the Assam Frontier (Administration of Justice) Regulations, 1945.

2. On the basis of the FIR lodged by Dungsing Bimpak, PW5, on 10.12.1999 alleging that his father has been murdered at Bimpak village by Binda Bimpak, the accused/appellant, by the gun at about 4.00 PM, with the Officer-in-Charge of Taliha Police Station, Taliha P.S. Case No. 10/99 under Se