Mrs. Sabina, J.: - Appellant, who is in custody for the last six years, has preferred this appeal challenging his conviction and sentence for commission of an offence under Sections 302 of the Indian Penal Code, 1860 (IPC for short) and 25 of the Arms Act, 1959 (the ‘Arms Act’ for short), as ordered by the trial Court vide judgment/ order dated 19.12.2007/ 21.12.2007.

2. Prosecution case was set in motion on the basis of the statement of complainant Narayan Singh. In his statement before Assistant Sub Inspector Girdhari Lal, complainant stated that his brother Gopi Chand was living alone. Durga, wife of Gopi Chand, was residing with her sons Mritunjay and Daya Nand. Some domestic dispute was pending between his brother and his family members for quite some time. On 6.3.2006 at about 2.30/ 3 pm, he was informed by Ved Parkash that Mritunjay had fired a shot at Gopi Chand. He reached the spot and saw that Gopi Chand was lying dead. Many persons had gathered at the spot. Mritunjay was armed with a country made pistol and he fled away from the spot on a scooter. Daya Nand also fled away from the spot. His nephew Mritunjay had murdered Gopi Chand with the help of his country mad