Heard the parties.

2. The present appeal is against the judgment and order of conviction, dated 25.05.2010 and 27.05.2010 respectively delivered by Sri Ravi Shankar Tiwari, Additional Sessions Judge, Fast Track Court, I, Kaimur at Bhabhua, in S. Tr. No. 113 of 2008/31 of 2008 thereby acquitting the appellant and others of the charges under Sections 302, 149, 120B and 379 of the Indian Penal Code has convicted him for committing offence under Section 27 of the Arms Act consequently sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 1,000/-, in case of default in making payment of fine to further undergo simple imprisonment for one month.

3. Being aggrieved and dissatisfied by the aforesaid judgment and order of conviction the appellant has preferred the appeal.

4. Learned counsel for the appellant contends that five accused persons were put on trial by the trial Court for charge under Sections 302, 149, 379 and 120B of the Indian Penal Code and also under Section 27 of the Arms Act for killing the informant’s brother, Akhilesh Singh, by gun shot injury. However, the trial Court due to lack of evidence acquitted all accused persons of charges under