1. This Appeal is directed against the JUDGMENT of Sessions Judge, Jammu in File No. 12/Sessions dated August 30, 1996. Accused has been convicted and sentenced for offence under Section 302 RPC to imprisonment for life and pay fine of Rs.50,000/-, in addition two year imprison­ment and fine of Rs. 5,000/- for offence un­der section 3/25 Arms Act. In default of pay­ment of fine, accused has been ordered to suffer six months and three months impris­onment respectively for the two offences. However, the sentences are to run concur­rently. Fine on deposit has been directed to be paid to the parents of deceased. Pros­ecution case briefly is as under:

2. At 81 -A, Gandhi Nagar, Jammu, in the morning of December 24, 1993, deceased Naveen Chander Katyal was fired at. At this time, deceased was working in the room while Sanjeev Mengi, partner in business, was sleeping in the adjoining room when he heard abnormal sound at 6.15 a.m. and came in the front of his room and saw the deceased lying on the ground profusely wounded and bleeding. He called the land­lords living on the ground floor, who came and helped in carrying the deceased into the vehi­cle Maruti Car No. JKU-6428 to Government G

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