JUDGMENT (CAV)

Ashwani Kumar Singh, J.—This appeal is directed against the judgment dated 27.09.1995 and the consequent order dated 28.09.1995 passed by the learned Additional Sessions Judge Seventh, Patna in Sessions Trial No. 742 of 1993 whereby and whereunder the appellant has been convicted for the offences punishable under Section 302 of the Indian Penal Code (for short ‘IPC’) and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life under Section 302 of the IPC and rigorous imprisonment for five years under Section 27 of the Arms Act.

2. On 07.05.1993 at 11:10 AM, one Dhirendra Kumar (P.W.7) son of Ramadhar Sharma, resident of village Bilap, P.S.- Bihta, District- Patna gave his oral statement (fardbeyan) at Bihta Police Station before one Ram Pravesh Singh (P.W.9), an Assistant Sub-Inspector of Police, Bihta Police Station alleging therein that on the same day at 10:00 AM, he along with his father was returning home after spading soil in the sugarcane field and as soon as they reached near the house of the appellant, he saw Awadhesh Singh and the appellant sitting there armed with gun and pistol respectively. Seeing him and his father, Awadhesh