1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 12-11-1994 passed by the 2nd Additional Sessions Judge, Ambikapur, in Sessions Trial No. 190/93, whereby and whereunder learned Additional Sessions Judge while acquitting co - accused Madan Gopal, after holding the appellants guilty for commission of culpable homicide amounting to murder of Rameshwar Soni in sharing common intention by using firearm without license, convicted appellant Baldev under S.302 of the IPC, 25 & 27 of the Arms Act and sentenced him to undergo imprisonment for life and to undergo RI for three years, respectively. The trial Court has also convicted co - accused Gopal, who has been released after serving sentence, under S.324 of the IPC and sentenced him to undergo RI for three years.

2. Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sen