JUDGMENT

Ashwani Kumar Singh, J. - Being aggrieved by and dissatisfied with the order of sentence dated 1st July, 2019 passed by the learned Fast Track Court No. 2, Patna in Sessions Trial No. 1188 of 2010/16 of 2018 arising out of Bikram P.S. Case No. 207 of 2009, the appellant has preferred the present appeal under the proviso to Section 372 of the Code of Criminal Procedure (for short 'CrPC').

2. The appellant herein Jai Kumar submitted a written report to the Officer-in-charge of Bikram Police Station on 24th November 2009 alleging therein that in the evening, at about 4 p.m., when he and his younger brother Luv Kumar were going to their paddy field situated behind the school, the respondent no.2 Satya Narayan Sharma asked them not to use the approach road made for going to the school. When he asked from him the reason for the same, Satya Narayan Sharma abused him and exhorted his sons, namely, Ravish Kumar @ Mani @ Ravish Kumar @ Tinku (respondent no.3) and Manish Kumar, who were sitting near temple to kill him and his brother. When his sons did not open fire, he himself took out his pistol shot at his brother Luv Kumar. Thereafter, Ravish Kumar shot at Luv Kumar. Immediately, thereafter, Manish Kumar also shot at his brother Luv Kumar causing injury to him. They assaulted him and his mother too. When his elder brother came running, the accused persons fled away riding motorcycle. His brother died on the spot after receiving three injuries caused by firearm. In his written report, the informant Jai Kumar stated that the accused persons wanted to block the approach road leading to his land by raising boundary wall.

3. On the basis of the aforesaid information, the SHO Bikram Police Station registered Bikram P.S. Case No. 207 of 2009 dated 24th November 2009 under Sections 302, 307, 324, 323/34 of the Indian Penal Code (for short 'IPC') as well as 27 of the Arms Act. He himself took up investigation of the case. During investigation, he recorded the subsequent statements of the informant, inspected the place of occurrence, prepared the inquest report, sent the corpse for post mortem examination and the injured persons for treatment to the Sadar Hospital Bikram, received the post mortem report and on completion of investigation submitted charge-sheet against the accused Satya Narayan Sharma and Ravish Kumar and kept the investigation pending as against the accused Manish Kumar.

4. On receipt of the charge-sheet, the learned ACJM, Danapur took cognizance of the offences and transferred the case to the court of Judicial Magistrate, 1st Class. The learned Judicial Magistrate after complying with the mandatory requirement of Section 207 of the CrPC committed the case to the court of sessions for trial.

5. The sessions court (for short 'the Trial Court') framed charges under Sections 302, 307/34 of the IPC and 27 of the Arms Act against the accused Satya Narayan Sharma and Ravish Kumar to which they pleaded not guilty and claimed to be tried.

6. During trial, the prosecution examined altogether 10 witnesses and proved certain documents in support of the charges.

7. After closure of the prosecution case, the circumstances appearing in evidence against the accused persons, respondent nos.2 and 3 were explained to them and their statements were recorded under Section 313 of the CrPC.

8. The defence also examined two witnesses in order to prove the innocence of the accused persons.

9. After closure of the defence case, arguments advanced on behalf of the parties were heard and vide impugned judgment dated 1st July, 2019, the accused Satyan Narayan Sharma (respondent no.2) was convicted for the offences punishable under Sections 302 and 324 of the IPC as well as 27 of the Arms Act and the accused Ravish Kumar (respondent no.3) was convicted for the offences punishable under Sections 324 of the IPC and 27 of the Arms Act. The Trial Court held that the prosecution had failed to prove the case beyond reasonable doubt against the accused Ravish Ku