Ashok Kumar Verma, J.

1. The sole appellant, Bihari Mehta, has filed this Criminal Appeal against the judgment and order of conviction and sentence passed by 8th Additional Sessions Judge, Purnea, in Sessions Trial No. 255 of 1990, whereby the learned Additional Sessions Judge has convicted the accused appellant under Sections 302 and 324 of the Indian Penal Code and sentenced him to undergo RI for life under Section 302 of the Indian Penal Code. No separate sentence has been passed for the offence under Section 324 of the Indian Penal Code.

2. In short, the case of the prosecution is that on the date of occurrence i.e., 7th August, 1989, at about 9.00 a.m., informant, Kishore Kumar Mehta, heard that there was a photography in the house of Rameshwar Mehta and he along with deceased Shyam Kumar Mehta went there. While the informant and Shyam Kumar Mehta (deceased) were sitting in the Angan accused appellant Bihari Mehta armed with rifle came there and pointed it on Shyam Kumar Mehta and told him that his father is earning huge amount in the business and then he (accused) fired his rifle on him (Shyam Kumar Mehta) causing injury on his head and bullet passed through his panja