JUDGMENT :

MADHURESH PRASAD, J.

1. An appeal has been filed against the judgment of conviction dated 27.11.2013 and consequent award of sentence dated 29.11.2013 by the Court of Sri Jitendra Mishra, learned Additional District and Sessions Judge – 1st Bettiah, West-Champaran in Sessions Trial No. 296 of 2010. The appellant has been convicted under Sections 302/34 of the Indian Penal Code (I.P.C. for short) and Section 27 of the Arms Act.

2. The Trial Court has sentenced the appellant to undergo rigorous imprisonment for life with fine Rs. 10,000/-(Ten thousand) for the offence under Sections 302 and 34 of the I.P.C. The consequence of default in payment of fine of Rs. 10,000/-(Ten thousand), is an additional one year of imprisonment. For the offence under Section 27 of the Arms Act, the appellant has been directed to undergo rigorous imprisonment for three years and fine Rs. 5,000/-(Five thousand). The consequence of the default in payment of fine has been fixed as six months imprisonment. The trial court has directed that both the sentences shall run concurrently.

3. One Jay Kumar has given his fardbeyan on 30.5.2006 at about 08:45 p.m. at his ‘darwaja’ before the clerk of Bairiya Police Station. He has stated that his father was a candidate for the Mukhiya election. At about 06:15 p.m. earlier that evening, his father had gone for canvassing. Apart from the informant, his elder brother Subhash Prasad @ Ravi Prakash, another brother Vijay Kumar and the informant’s uncle Chandrashekhar Prasad were also moving around with the informant’s father for the purpose of canvassing. When they reached the Purwari Tola, one Sanjay Yadav, son of Ishwar Chandra Yadav @ Ganga Yadav, carrying a rifle in his hand, Nagendra Yadav, son of Ramchandra Yadav, carrying a rifle in his hand and Mukesh Yadav, son of Thakur Yadav, carrying a rifle in his hand were waiting in ambush. The three criminals are residents of Fattu Chhapar P.S. Bairiya in the district of Bettiah. Two-three unknown persons along with them suddenly opened fire. The informant hid himself behind the bamboo partition (Tanti) to save his life, from where he could see everything. He saw Sanjay Yadav was firing upon his father and when his father tried to save himself then Nagendra Yadav fired upon him with his rifle thereafter his father fell down. He was writhing in pain when Mukesh Yadav fired upon him with his rifle, thereafter they started shouting slogan “Sanjay Yadav Jindabad” and while firing in the air fled in the South direction. He stated that due to old enmity and political conspiracy the murder has been committed by these persons.

4. Investigation was taken up by the Investigating Officer, Suman Mahto, who conducted the inquest and prepared Inquest Report and upon completion of the investigation submitted the Charge-sheet bearing Charge-sheet No. 125/2007 dated 30.9.2007 against the appellant.

5. Considering the charge-sheet and material noticed during investigation, the Court of C.J.M., Bettiah, vide order dated 30.6.2010, found prima-facie case was made out for the offence under Sections 302/34 I.P.C and Section 27 of the Arms Act against the appellant along with two other accused persons, namely, Nagendra Yadav son of Ramchandra Yadav and Mukesh Yadav son of Thakur Yadav. Accordingly, the Court took cognizance on 30.6.2010. After taking cognizance, the Court found that the case was triable by the Court of Sessions. It directed that police paper be compiled, thereafter the same was compiled and handed-over to the accused persons on 12.7.2010, ensuring compliance with Section 207 Cr.P.C. On the very same date, the case was committed to the Court of Sessions for trial, where it was registered as Sessions Trial No. 296/2010.

6. Since the accused Mukesh Yadav and Nagendra Yadav had not appeared on 3.10.2010, charges were framed against the appellant only for the offence under