Mr. Inderjit Singh, J.: - The present appeal has been filed by the appellant against the judgment/order dated 05.04.2007, passed by the Sessions Judge, Ferozepur, whereby he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 302 IPC.

2. The brief facts of the prosecution case are that on 05.05.2005, Sarabjit Singh, SHO, Police Station City Ferozepur along with other police officials was on patrol duty and when he reached near the gate of Baghi Hospital, Nirmal Kumar got recorded his statement to him outside the gate of the hospital. In the statement Nirmal Kumar complainant, stated that his elder sister namely Anita was married with Raj Kumar about 15 years back. On that day, he along with his brother Rajinder Kumar came to see Raj Kumar (sister’s husband) on his shop situated in Dakkhana Wali Gali, Ferozepur City. At about 9.15 P.M., he along with his brother Rajinder Kumar were sitting on the chairs and Raj Kumar was sitting on small table (stool) and were talking with each other. In the meantime, Vijay Kumar, youn