JUDGMENT :

PANKAJ NAQVI, J.

1. This criminal appeal assails the judgment and order dated 8.10.2003 passed by Addl. District & Sessions Judge (Fast Track Court No.4), Kanpur Nagar, in S.T. No.682 of 2000, convicting and sentencing the appellant under Section 302 IPC to life with fine of Rs.20,000/- and a default sentence of 6 months, and in S.T. No. 683 of 2000, under Section 25/27 Arms Act to 3 years R.I. Both the sentences were to run concurrently.

1. The prosecution case in a nutshell is that PW-1 / the informant along with his father (victim) and brother Rehan (PW-2) left on 6.12.1999 at about 10:30 A.M, for Civil Courts, Kanpur Nagar. When they reached near Bhalla Medical store, a passerby called out for "Tausif" (victim), who stopped for a while, followed by firearm shot by that passerby at the victim, who was nabbed by a patrolling S.I, Anshu Mali (PW-3) and Constable Ram Swarup Yadav. The assailant disclosed his name as Abdul Saboot @ Bhaiya resident of Chamanganj. Two counrymade pistols, several cartridges and a bomb was recovered from the nabbed accused. PW-1 alleged that his grandfather, i.e, Sultan and his paternal brother Nafees were murdered 6-7 years ago by Shakil @ Munn