of the complainant on 30.10.1997 at 9.45 p.m., the appellant was subjected to criminal prosecution, along with three accused viz., Veer Singh, Mintu and Dharamveer for the offence under section 302 r/w 34 IPC. By order dated 01.01.2003, the case pertaining to the accused Mintu was remitted to the Juvenile Court. The Sessions Court convicted the appellant for the said offence, while acquitting the other two accused. Be it noted, for the same crime, the appellant was also charge sheeted for the offence under section 25/27 of the Arms Act, but he was acquitted of the same. 13. In order to appreciate the contentions raised on behalf of the respective parties, let us examine the evidence let in before the Sessions Court. 13.1. The prosecution heavily relied on the evidence of P.W.1 and P.W.2, who are said to be eye-witnesses to the occurrence. PW1 Kale Hasan – complainant / son of the deceased, deposed that on 30.10.1997 at about 9.45 p.m., his parents viz., Abdul Hameed and Mangti Devi,