JUDGMENT :

PARTHA SARTHY, J.

1. The appellant no. 1 Sipahi Rai having died during pendency of the instant appeal, the instant appeal is confined to the appellant Rajeshwar Rai.

2. The appellant has filed this appeal against the judgment of conviction dated 7.9.2010 and order of sentence dated 15.9.2010 passed by the learned 3rd Addl. Sessions Judge, Saran at Chapra in Sessions Trial No. 105 of 2007 (arising out of Dariyapur P.S. Case No. 33 of 2005) whereby the appellant was convicted under sections 302/149, 148 and 307/149 of the Indian Penal Code and under section 27 of the Arms Act and sentence to undergo RI for life for the offence under section 302/149 of the Indian Penal Code, RI for 3 years for the offence under section 148 of the Indian Penal Code, RI for 10 years under section 307/149 of the Indian Penal Code and RI for 7 years under section 27 of the Arms Act and further sentenced to pay a fine of Rs. 25,000/- for the offence under section 307/149 of the Indian Penal Code and in default in payment thereof to further undergo RI for one year, with all the sentences having been directed to run concurrently.

3. Dariyapur P.S. Case No. 33 of 2005 was registered on 4.5.2005 on the