Aditya Kumar Trivedi, J.

1. The sole appellant Surendra Singh has been found guilty for an offence punishable under Section 302/34 of the I.P.C. as well as Section 27 of the Arms Act vide judgment of conviction dated 29.11.2011 and sentenced to undergo imprisonment for life as well as to pay fine of Rs. 25,000/- in default thereof, to undergo imprisonment of one year, additionally under Section 302/34 of the I.P.C. imprisonment of three years as well as fine of Rs. 5,000/- in default thereof, to undergo imprisonment of six months additionally under Section 27 of the Arms Act with a further direction to run the sentences concurrently vide order of sentence dated 30.11.2011 passed by the Sessions Judge, Muzaffarpur in Sessions Trial No. 571 of 2008.

2. Vijay Pratap Singh @ Sonu gave his fard-beyan at S.K.M.C.H. Muzaffarpur on 18.01.2008 at 10.45 a.m. alleging inter-alia that he along with his brother Abhay Pratap Singh (deceased) were in a way to his house from Repura Bazar in the evening of 17.01.2008. His brother was driving the motorcycle. At about 5.00 p.m. when they reached near Banauli Bridge, he saw Surendra Singh, Annu Kumar Singh, Babloo Singh along with two unknown