JUDGMENT :

Satyendra Kumar Singh, J.

The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] against the judgment dated 12.03.2013, passed by the Court of Sessions Judge, Indore in S.T.No.87/2011, whereby appellant has been convicted under Section 302 of Indian Penal Code, 1860 (in short IPC) and Sec 25(1-B)(b) of Arms Act and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- & RI for 01 year with fine of Rs. 500/-, in default of payment of fine, additional RI for 06 months and 03 months respectively.

2. Prosecution story in brief is that:

(i) The appellant and the deceased Ashraf were known to each other and on the date of incident i.e. 21.11.2020, in the morning, a quarrel took place between the appellant and the deceased as appellant did not give the mobile number, name and address of a girl engaged in prostitution. Due to which, on the same day, at about 6.45 p.m., when deceased Ashraf alongwith complainant Irfan and Imran was going towards Khajrana on motorcycle and reached near Radhakunj, appellant met him on the way. He asked the deceased that he want to talk to him and when deceased get down