Judgment

SANTOSH HEGDE, J.

( 1 ) THE appellant before us was Accused No. 2 before the Court of IIIrd Additional Sessions Judge, Banka, He along with his father (A-1) and his younger brother (A-3) was charged for offence punishable under S. 302 read with S. 34, I. P. C. and having found guilty was sentenced to imprisonment for life on that charge. The appellant and his brother Kustam (A-3) were" also charged for an offence punishable under S. 27 of the Arms Act and were sentenced to 3 years R. I. on that charge. On appeal, the High Court of Judicature at Patna has confirmed the said conviction and sentence.

( 2 ) ALL the three accused persons preferred the above noted criminal appeal before this Court and this Court as per its order dated 9-2-2001 dismissed the appeal so far as it concerned Hazi Shariff (A-l) and Kustam alias Khurshid (A-3), while notice was issued in regard to appeal filed by the present appellant and on return of the said notice after hearing the parties the leave was granted on 23-4-2001, therefore, the (appeal of the present appellant alone as against the judgment of the High Court is before us.

( 3 ) THE prosecution case briefly stated is that there was some disp