Appellant Ram Rai has been found guilty for an offence punishable under Section 307 of the I.P.C. and sentenced to undergo R.I. for 10 years as well as to pay fine appertaining to Rs.10,000/- and in default thereof, to undergo S.I. for a year, under Section 27 of the Arms Act and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo S.I. for six months, additionally, with a further direction to run the sentences concurrently vide judgment of conviction dated 20.01.2015 and order dated 21.01.2015 passed by the Additional Sessions Judge- 2nd, Benipur, Darbhanga in Sessions Trial No.79 of 2007.

2. Kailash Rai (PW-9) gave his fard-bayan on 31.10.2004 at about 1.15 a.m. at P.H.C., Kusheshwarsthan in presence of Om Prakash Rai, Awadhesh Rai and Chandeshwar Rai disclosing therein that in the preceding evening at about 7.30 p.m. while he was returning from toilet, he had seen 7-8 persons at the darwaza of Ram Rai, which lies South to his house. As soon as, he reached at his darwaza, all of a sudden, Ram Rai, Kuldeep Rai, Ram Sobhit Rai, Sanjay Rai cordoned him and then, Ram Rai took out country-made pistol an