B.P. Katakey, J.

1. A criminal action was set in motion by lodging first information by Smt. Lalthlamuani (P.W. 1) alleging that on 10.12.95 while she and her husband namely Zarzoliana was burning charcoal in their garden at Zawngsih area, the appellant came to the place between 9 am to 10 am with a gun and without any provocation shot at her husband at the back of his head and thereafter shot her also on the face and in the arm. It has also further been alleged that when she told her husband to escape, the Appellant again shot at her husband in around his face and again on his back, as a result of which he fell down. Thereafter the first informant fled away from the scene. The police on receipt of the said information registered BKN Police Station case No. 528/95 under Section 397 / 302 IPC. Upon completion of the investigation charge sheet was filed against the Appellant and thereafter on being committed charge under Section 302 / 307 IPC read with Section 25(1)(a) of the Arms Act was framed by the learned Additional District Magistrate (J), Aizawl.

2. The prosecution in order to bring home the charge against the accused Appellant examined as many 17(seventeen) witnesses in