Mridula Mishra, J.

1. The sole appellant has been convicted by the 5th Additional District and Session Judge, Nalanda at Biharsharif in Sessions Trial No. 486 of 1999 by judgment and order dated 5.8.2000/ 8.8.2000, under Section 302 of the Indian Panel Code and sentenced to undergo rigorous imprisonment for life. Further he has been convicted under Section 27 of the Arms Act, and sentenced to undergo rigorous imprisonment for three years.

2. On the basis of fardbeyan of Gauri Shankar Verma recorded by the Officer-in- charge of Bhagan Bigha O.P. on 24.8.1999 at 10.30 p.m. the case was instituted against the appellant. In the fardbeyan it was stated by the informant that he along with his brother-in-law Arjun Kumar Verma had gone on a scooter to Sohsarai at 6 p.m. to purchase some clothes. They purchased clothes from Nancy Textile and Shri Tarni Textile and they returned back to village Patasang at about 9 P.M. He saw Pramod Kumar Verma standing in front of his darwaja, when reached near the house. The informant came down from the scooter. He took the bundle of the clothes and went towards the door. His brother- in-law parked his scooter and was coming towards the house at th