HEMANT GUPTA, J.

The present appeal is directed against the judgment dated 26th September, 2011 passed by learned Additional Sessions Judge 1st, Gaya, in Sessions Trial No. 10 of 2011/395 of 2008 (S.J.), convicting the appellant for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, as also the order of sentence dated 27th September, 2011 sentencing the appellant to undergo imprisonment for life for the offence punishable under Section 302 IPC and rigorous imprisonment for one year for the offence under Section 27 of the Arms Act.

2. The prosecution case was set in motion by Nathun Yadav. He stated that on 2nd October, 1999 at 6.00 AM after he woke up and came to the door to his house then he saw Sunaina Devi, wife of the appellant, opening the drain. Raja Yadav, his brother, asked her not to open the drain but she refused and began to demolish the “Nad”. Raja Yadav tried to prevent her to do so, whereupon Sunaina Devi threw a spade upon him. Raja Yadav received injury on his arm. He asked them not to quarrel with the ladies. At that time, Nadlu Yadav came there. At the same time, Mithilesh Yadav also came down from his house and fired a