Gopal Krishan Vyas, J.

The instant Criminal Appeal has been filed by the accused-appellant Om Prakash @ Omi S/o Shadiram under Section 374(2) Cr.P.C. against the judgment passed by the learned Additional Sessions Judge (FT) No. 2, Hanumangarh, Headquarter Nohar dated 4.7.2008 passed in Criminal Case No. 97/2007 (7/2007) by which the learned Trial Court held the accused appellant guilty for offence under Section 302 I.P.C. and under Section 3/25 of the Arms Act and passed the following sentence against him :

Under Section 302 I.P.C.	:	Imprisonment of life and a fine of Rs.10,000/- and in default of payment of fine to further undergo one year imprisonment.
Under Section 3/25 of the Arms Act	:	Imprisonment for three years and fine of Rs.500/- and in default of payment of fine to further undergo four months imprisonment.

2. As per facts of the case the F.I.R. Ex. P-37 was registered on the basis of statement of deceased Raj Kumar (Ex. P-13) recorded by the S.H.O., Police Station, Rajiyasar-Camp in the Government Hospital, Rawatsar O.P.D. in which the injured gave statement that today on 2.12.2006 at about 7.30-7.45 P.M. in the evening my brother Om Prakash asked me that Ashok and Dharmpal has come, therefore, to meet them accompany me. Upon asking by brother Om Prakash deceased, Rajkumar took his motor cycle and a his brother Om Prakash sit in the back side of the deceased Rajkumar. The motorcycle was driven by the deceased Raj Kumar but upon Rampur road in front of Nahar Colony, his brother Om Prakash inflicted injury by pistol in his back and due to the said injury the injured fell down and his brother Om Prakash took motorcycle and ran away from the place of occurrence. The deceased Rajkumar further stated that he was having mobile phone by which he made a call to Jagsir Singh and informed that he has received one injury by pistol and lying upon Rampura Road. At that time from Rampura side one Dilip Singh Bhadiya came in the jeep, along with two other persons who were also sitting in the jeep. Shri Dilip Singh Bhadiya and other persons stop the jeep and took Rajkumar immediately in the jeep to the Government Hospital for treatment. As per allegation of Rajkumar due to conspiracy his brother Om Prakash inflicted injury his back by fire arm, therefore, action may be taken against him.

3. Upon above statement of the injured Rajkumar the S.H.O., Police Station, Rawatsar registered an F.I.R. No. 2978/2006 under Sections 307 and 27 of Arms Act and commenced the investigation.

4. The injured Rajkumar was examined by the Medical Officer PW-8-Hanuman Singh immediately in the hospital upon requisition of police and after treatment referred to the Hanumangarh Hospital. The accused appellant was arrested vide Ex. P-14 on 5.12.2006 at 9-10 P.M. and upon information given by him under Section 27 of the Evidence Act, the motorcycle Bajaj Discover bearing No. RJ-31-SD-8641 was recovered on 8.12.2006 at 5.30 P.M. vide Ex. P-15. The police prepared site plan Ex. P-11 of the place of recovery of motorcycle and pent of the accused-appellant Om Prakash was taken into possession on 8.12.2006 vide Ex. P-16 upon which blood was found. Vide Ex. P-19 one pistol of 12 bore was recovered upon information given by Om Prakash on 9.12.2006 at 10.00 P.M. in front of two witnesses Ram Pal and Dula Ram. The site plan Ex. P-20 and P-20A of place of recovery of pistol was also prepared by the Investigation Officer and after recording statements of prosecution witnesses under Section 161 Cr.P.C. processed for further investigation.

5. As per prosecution case soon after the occurrence, the injured Rajkumar was examined by the Medical Officer of the Government Hospital, Rawatsar in which one fire arm injury of 5 x 5 cm was found upon the back side of the body of the injured Rajkumar. The injury report Ex. P-12