1. Appellant-Mohd. Amin Dar stands convicted under Section 302 of Ranbir Penal Code (RPC) and Section 27 of Arms Act vide judgment dated 20.08.2002 passed by Additional Sessions Judge, Ramban. He has been sentenced to undergo life imprisonment under Section 302 RPC and seven years rigorous imprisonment under Section 27 of Arms Act. Both the sentences, however, have been ordered to run concurrently. Aggrieved of the judgment of conviction/sentence, he has pre­ferred Cr. Appeal No.05/2002. The sentence imposed upon him has been sent to this Court by the trial Court for confirmation vide Confirmation No.04/2002. Hence, Cr. Appeal No.05/2002 and Confirmation No.04/2002 have been clubbed together for disposal.

2. It needs to be mentioned here that three other co-accused of the appellant namely Nissar Ahmed alias Tunda, Abdul Latif alias Tufail & Ghulam Mohi-ud-Din were also booked in the present case. Nissar Ahmed and Abdul Latif could not be nabbed by the police and, as such, proceedings under Section 512 Cr.P.C. (Svt.1989) initiated against them., Ghulam Mohi-ud-Din, however, died in an encounter. Therefore, it is the appellant only, who faced the trial.

3. Another asp