JUDGMENT

Ratnaker Bhengra, J.—Heard Mr. Arbind Kumar Sinha, the learned counsel for the appellant, Mrs. Suchitra Pandey, the learned Amicus Curiae and Mr. S.K. Srivastava, the learned APP.

2. The present criminal appeal is preferred against the judgment of conviction dated 17.04.2010 and the order of sentence dated 20.04.2010, passed by the learned Additional District & Sessions Judge, FTC-III, Daltonganj, Palamau in Sessions Case No. 301 of 2003, whereby and whereunder, the appellant was convicted under Section 307 of the Indian Penal Code and under Section 27 of the Arms Act. The appellant was sentenced to undergo RI for six years and a fine of Rs.2000/- under section 307 of the Indian Penal Code and sentenced to undergo RI for two years under Section 27 of the Arms Act. In default of payment of fine two months SI was awarded and both the sentences were directed to run concurrently.

3. The case of the prosecution, in brief, as per the fardbeyan dated 21.12.2001 of the informant PW-1 Ali Hasan Ansari, is that on 20.12.2001 at 7:00 O’clock in the evening, informant along with his wife Sahida (PW-3) was sitting near stove and informant’s wife as cooking food. Suddenly appellant