Sangeet Lodha, J.

This appeal is directed against the judgment dated 17.5.12 of Additional Sessions Judge (Fast Track), Anoopgarh in Session Case No. 39/09, whereby the appellant Kulvindra Singh @ Kala Singh has been convicted and sentenced as under :

Section 449 I.P.C.	Rigorous imprisonment for ten years and a fine of Rs. 500/-; in default of payment of fine to further undergo 15 days simple imprisonment.
Section 302 I.P.C.	Imprisonment for life and a fine of Rs. 500/-; in default of payment of fine to further undergo 15 days simple imprisonment.
Section 3/25 (1-B)(a) of Arms Act	One year's simple imprisonment and a fine of Rs. 500/-; in default of payment of fine to further undergo 15 days simple imprisonment.

2. The prosecution story as unfolded during the trial may be summarized thus:

On 20.4.09 in the afternoon, informant Gurmel Singh, his father Dalvir Singh and younger brother were at their home. Around 3 P.M., a white car bearing number PB-33-2086 came in the street and stopped there. Dalvir Singh went near the car. In a short while, scream was heard. Gurmel Singh and Banta Singh, the sons of Dalvir Singh, rushed to the spot. Kala Singh s/o Major Singh, who resides in Punjab, was quarreling with Dalvir Singh and both were scuffling. Kala Singh was accompanied by Purn Singh, Jassa and Lakha. Purn Singh stopped Kala Singh and members of complainant party from quarreling. Gurmel Singh, Dalvir Singh and Banta Singh returned to their home. Around one hour later, Kala Singh, Purn Singh, Jassa Singh and Lakha Singh all came in a jeep, which was parked near the khala (Watercourse). They all indulged in firing entered the informant's house. At that time, informant Gurmel Singh & his wife, Banta Singh & his wife, Dalvir Singh and his wife were sitting under the neem tree in verandah of the house. Kala Singh fired from pistol at Banta Singh with an intention to kill him. Banta Singh suffered gun shot on his chest and fell down. Kala Singh and others fled away. When Banta Singh was taken care of, he was found dead. Kala Singh and others fired at Banta Singh after entering into home.

3. Narrating the incident as aforesaid, PW4-Gurmel Singh submitted a written report (Ex.P/1) to the SHO, Police Station, Suratgarh Sadar. On the basis of the written report (Ex.P/1), the police registered an FIR (Ex.P/14) for offences under Sections 449, 302/34 IPC and the investigation commenced.

4. After inquest proceedings, the body of the deceased Banta Singh was subjected to autopsy by PW17-Dr. Vijay Bhadu, the Medical Officer, Government Community Health Centre, Suratgarh. During the investigation, necessary memos were prepared. Clothes of the deceased Banta Singh, Car PF-33-2086 and a jeep RJ-13-C-0211 were seized. Accused persons were arrested. At the instance of accused Kulvindra Singh @ Kala Singh, vide recovery memo Ex.P/21, 32 Bore pistol was recovered. That apart, bullet was recovered from the body of the deceased. Country made pistol and the bullet recovered were sent to Forensic Science Laboratory for examination and the report (Ex.P/11) was obtained.

5. After completion of the investigation, the police filed charge sheet against the accused Kulvindra Singh @ Kala Singh for offences under Sections 302, 449 IPC & 3/25 Arms Act before the Additional Chief Judicial Magistrate, Suratgarh. The matter was committed to the court of Additional Sessions Judge (Fast Track), Anoopgarh. On an application being filed on behalf of the complainant Gurmel Singh under Section 193 Cr.P.C., 1973 the cognizance was taken by the learned trial Judge against the accused Purn Singh, Jassa Singh and Lakha Singh as well for the offences under Section 449, 302/34 IPC vide order dated 4.8.09. The learned Trial Judge framed the charges against Jassa Singh, Purn Singh and Lakha Singh for offenc