ADITYA KUMAR TRIVEDI, J.

1. Sole appellant, Om Prakash Dubey has been held guilty for an offence punishable under Sections 302 IPC and 27 of the Arms Act vide judgment of conviction dated 25.01.2012 and sentenced to undergo imprisonment for life as well as fine of Rs. 25,000/- in default thereof, to undergo imprisonment of two years additionally under Section 302 IPC, imprisonment of five years as well as fine of Rs. 3000/- in default thereof, to undergo imprisonment of three months additionally under Section 27 of the Arms Act vide order of sentence dated 30.01.2012 with a further direction to run the sentences concurrently by the Additional Sessions Judge-FTC-IV, Siwan in Sessions Trial No. 512/2010.

2. Rashendra Dubey (PW-5) gave his Fard-e-beyan on 03.05.2009 at about 10:45 am before the O/C Raghunathpur at the house of Nagendra Dubey (deceased) disclosing therein that as marriage of son of Nagendra Dubey has been fixed to be held on 20.05.2009, on account thereof, Nagendra Dubey was cleaning his Sahan, wherein his uncle was also assisting. At about 10:00 am, his neighbour, Om Prakash Dubey and Kamlakar Dubey came and forbade. Nagendra Dubey resisted on the ground that