JUDGMENT

Rajiv Sharma, J. - This appeal is directed against the judgment and order dated dated 10.02.2014 rendered by learned Additional Sessions Judge, Kaithal, in Sessions Case No.2 of 2013, whereby the appellant was charged with and tried for offence punishable under Section 302 of the Indian Penal Code (in short "IPC") and Section 27 of the Arms Act, 1959. The appellant was convicted and sentenced for offence punishable under Section 302 IPC and Section 27 of the Arms Act, 1959. He was sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/- for offence punishable under Section 302 IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year. He was also sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.5000/- for offence punishable under Section 27 of the Arms Act, 1959 and in default of payment of fine, to further undergo imprisonment for a period of three months.

2. The case of the prosecution in a nutshell is that on 15.04.2012, the police party reached at the place of occurrence. The dead body of Dilawar was lying in the street. Shishpal son of Jai Pal and Rekha wife of Manoj as well as other villagers were present on the spot. The statement of Shishpal was recorded. He deposed that he had two sons and two daughters. All were married. The name of his eldest son was Dilawar. His youngest daughter Rekha was married with Manoj. Rekha had two daughters and one son. Her youngest son was aged 2 years. On 14.04.2012 he had received telephonic information from his daughter Rekha that her son Nishesh was ill. Manoj and his family members were not getting him treated. On 15.04.2012 he along with his son Dilawar went to the village Chandana at 10.30 A.M. He asked his son Dilawar to stop at the canal of village Chandana. He proceeded towards the house of Manoj. He enquired from Manoj and his daughter about the domestic issues. Manoj suddenly became angry and slapped him. Manoj went on the roof of his house after taking out his rifle. He sat on the roof and was saying that he will kill everybody. At about 11.30 A.M., Dilawar came on the motor cycle in the public street. Manoj fired 2-3 gun shots from his rifle at him. His son was shot at the forehead and on the right eye. Dilawar fell down. Manoj had fired the gun shots with intention to kill his son. He and his daughter were standing nearby. The inquest report was prepared. The body was sent for postmortem examination. The motor cycle was taken into possession. The clothes of deceased were also taken into possession. Two empty cartridges of .315 bore were also taken into possession and sent to the FSL. Rifle alongwith 8 live cartridges were also taken into possession.

3. Prosecution examined a number of witnesses in support of its case. The statement of appellant was also recorded under Section 313 Cr.P.C. The defence taken by the appellant is that he was serving in police department. He was declared unfit by Psychiatric Medical Board of Psychiatric Department of PGIMS, Rohtak. He was pre-maturely retired on 16.04.2005. He was falsely implicated in the case. The appellant was convicted and sentenced as noticed hereinabove. Hence this appeal.

4. Learned counsel appearing for the appellant has argued that the prosecution has failed to prove the case against the appellant.

5. Learned counsel appearing on behalf of the State has supported the judgment and order dated 10.02.2014.

6. Learned counsel appearing on behalf of the complainant has also supported the judgment and order dated 10.02.2014.

7. We have heard learned counsel for the parties and have gone through the judgment and record very carefully.

8. Pw-8 Dr.Nidhi Garg along with Dr.Anil Aggarwal and Dr.Anu Meha conducted the post-mortem examination on the body of Dilawar. She noticed the following injuries:-

"1. A lacerated wound extending from glabella including whole of right orbit extending upto in front of right ear. Size of