JUDGMENT

Hemant Kumar Srivastava, J. - The above stated sole appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and 27 of the Arms Act and has been sentenced to undergo imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code and rigorous imprisonment for a term of seven years for the offence punishable under Section 27 of the Arms Act by learned 1st Additional Sessions Judge, Bhagalpur in Sessions Trial No. 437 of 1992 / 31 of 1992 vide judgment of conviction and sentence order dated 13.5.1994. However, both the sentences were ordered to run concurrently.

2. Mojahidpur P.S. Case No. 158 of 1988 under Sections 307 and 326 of the Indian Penal Code and 27 of the Arms Act was registered on 19.11.1988 on the basis of fard-e-beyan of Jayant Kumar, who made his statement before Ram Chandra Prasad (P.W. 10), the then A.S.I. of Kotwali Police Station, on 19.11.1988 at about 9.30 P.M. at B.M.C.H. Emergency Ward, to this effect, that on the same day, he along with P.W. 1 Pappu @ Pradip Sah and P.W. 5 Sadanand Lall Chaurasia was going to the house of Sadanand Modi to take Prasad and at about 9 P.M., when he as w