SURINDER SINGH, J.

The appellant has filed the present appeal feeling aggrieved and dissatisfied by the impugned judgment of conviction and sentence passed by the learned trial Court in Sessions Trial No.4 of 2002, for the offence punishable under Section 307 of the Indian Penal Code, whereby he has been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of ` 2,000/- with default clause.

2. In short, the prosecution story can be stated thus. PW4 Partap Chand injured was in Katha business. On 10th February, 2001, he had gone to Sarkaghat. On the same day, he returned by bus to Hamirpur, from where he boarded another bus to his native village ‘Kamlah’ and alighted at the road-head at the place known as ‘Jhaniari’ and started going on foot to his village. Incidentally, the appellant, hereinafter to be referred as ‘the accused’ met him on the way. He was having a licensed muzzle-loading gun Ext.P.6 with him and started following Partap Chand aforesaid. When both of them reached near ‘Harbal Garden’ in village ‘Neri’, the accused started abusing Partap Chand and threatened him to kill. In turn, Partap Chand did not pay any heed to such thre