Judgment

Dr. Arijit Pasayat, J. —

1.Appellant questions the legality of the Judgment rendered by a Division Bench of the Patna High Court dismissing the appeals filed by the appellant and one Kripal Singh. Latter was convicted for offences punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentenced to rigorous imprisonment for life and was further convicted for offences punishable under the Arms Act. The present appellant was convicted for offence punishable under Section 302 read with Section 34 IPC. He was sentenced to undergo imprisonment for life.

2.The trial court directed acquittal of the accused Sanjay Singh who faced trial with them while finding the appellants before the High Court to be guilty.

3.Prosecution version in a nutshell is as follows :

Gyaneshwar Prasad Singh, the informant, gave a written report to the police on 5.6.1991 at 4.15 pm. that Mithilesh Kumar Singh, Krishna Kumar Singh (hereinafter referred to as the ‘deceased’) and Krishna Dubey proceeded to village Nawadih in a jeep bearing No. ORC 9827 to attend the marriage of his nephew. At about 2.30 pm the jeep was stopped at Rabindra Petrol Pump for taking petrol. Petrol was take