2. The accused-appellant has preferred this Criminal Appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 2.5.1992 passed by the Additional Sessions Judge No.1, Kota in Sessions Case No.60/1987 whereby the learned trial Court has convicted the appellant for offence under Section 307 IPC and sentenced him for rigorous imprisonment for four years and a fine of Rs.500/- and in default thereof to further undergo rigorous imprisonment for two months and also for offence under Section 4/25 of the Arms Act and sentenced him for rigorous imprisonment for six months and a fine of Rs.100/- and in default thereof to further suffer rigorous imprisonment for one month. It was further ordered that both the substantive sentences would run concurrently. It is to be noted that one Shri Brij Mohan was also tried for offence under Section 307/34 IPC alongwith the appellant but he has been acquitted by the trial Court.

3. Brief relevant facts for the disposal of this appeal are that on 12.11.1985 at 9.55 p.m., injured-Shri Kanhaiya Lal alongwith one Shri Kalu Lal appeared at Police Station Dadabari (Kot