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 persons standing along with bicycle. As soon as they reached over the bridge, Surendra Singh threw bicycle in front of motorcycle on account of which they dashed and fell down. Then thereafter, Annu Kumar Singh took out pistol and shot at his brother Abhay Kumar Singh causing injury over his hand. He, in order to save himself ran there from and after covering some distance began to raise alarm. On the other hand, both the unknown persons caught hold his brother and Surendra Singh, Babloo Singh began to give repeated Bhujali blow. Annu Kumar Singh also aimed at him, but he had a miraculous escape. So many persons began to arrive on his alarm on account of which Surendra Singh, Annu Kumar Singh, Babloo Singh escaped towards Northern side after crossing the road. He has further claimed identification of aforesaid two unknown persons. The motive of occurrence has been shown as in the Year 2001, Surendra Singh attempted upon life of his father for which case was instituted. Surendra Singh had gone to Jail. After release, he was insisting upon his father to withdraw the case otherwise he will not spare any of his family members.

3. The aforesaid fard-beyan was sent to Saraya P.S. for registration as well as investigation and on the basis thereof, Saraya P.S. Case No. 13 of 2008 was registered. During course of investigation, Babloo Singh was apprehended from his house along with firearms as well as on his confessional statement leading to recovery, Dabiya allegedly used during course of crime was seized. However, the aforesaid Babloo Singh was found Juvenile and his case, accordingly has been transferred to the Court of the Juvenile Justice Board. Appellant was apprehended. The co-accused Annu Kumar Singh along with two unknown persons remained out of grip and so, keeping investigation pending against them, after concluding investigation, charge-sheet was submitted. Consequent thereupon, trial against appellant proceeded and ultimately, concluded in a manner, the subject matter of instant appeal.

4. Defence case as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial of the occurrence and further, having been falsely implicated in the background of animosity persisting amongst the party. It has also been pleaded that though Nagendra Singh managed to get a criminal case instituted by the appellant for causing death of his wife, in his favour at the nascent stage itself, but that happens to be a cause of false implication. Furthermore, it has also been pleaded that appellant happens to be a Home Guard Constable and on the alleged date and time of occurrence, he was deputed at G.R.P. Sitamarhi and was discharging his duty. So, plea of alibi has also been taken out and to substantiate