Chakradhari Sharan Singh, J. – By the impugned judgment and order dated 06.06.2014/12.06.2014 passed by the learned Ist Additional Sessions Judge, Banka in Sessions Trial No. 1018A of 2005/ Trial No. 410 of 2014, the appellant has been convicted and sentenced as under: –

2. A fardbeyan of the informant (PW-2) recorded by Sub-Inspector of Police, R.K. Baitha, Officer-in-Charge, Katoria Police Station at 08:00 a.m. on 22.05.2004 is the basis for registration of F.I.R. It is the prosecution's case, as disclosed in the fardbeyan that on 20.05.2004, marriage of the informant's brother, Kamlesh Yadav (PW-1) was solemnized whereafter the barat had returned to the village in the morning on 21.05.2004. In the midnight, when the ladies were singing songs 20-25 miscreants, 18 of whom were named including this appellant entered into his village and surrounded his house from all the sides. They started hurling abuses and asked them to handover all the valuables to them. The informant (PW-2) and his brothers as well as his father Resho Yadav (PW-6) protested against their conduct on which one of the miscreants assaulted his father on his mouth, left hand and left thigh with a sharp edged weapon. Resho Yadav (PW-6) sustained injuries because of which blood started oozing out from his body. The miscreants, thereafter, looted the ornaments of the female folks present in the house. Thereafter, the miscreants proceeded towards the house of co-villager, Kishan Yadav for committing crime. Kishan Yadav thereafter raised an outcry, consequent upon which accused persons, namely, Nilkanth Mandal, Ishwar Yadav and Naresh Mandal rushed towards Kishan Mandal. Kishan Mandal is said to have exclaimed, pointing towards Ishwar Yadav, that he too was involved in such activities. It further transpires from the fardbeyan that as Kishan Yadav had identified Ishwar Yadav, his accomplice Nilkanth Mandal hurled a bomb on Kishan Yadav (Mahto) to destroy evidence, who sustained grievous injuries and died on the spot. Thereafter the miscreants fled away towards the east and disappeared in the forest. All the miscreants were claiming to be the members of Naxal organisation and they were threatening the villagers of serious consequences for not joining their organisation. From the fardbeyan, it further appears that the deceased was a cousin of the informant's grandfather. It also appears from the fardbeyan that according to the informant the miscreants had committed decoity in the house of Dhokal Yadav (PW-4) also in the same night.

3. The police upon completion of investigation submitted its chargesheet for commission of the offences punishable under Sections 396 and 397 of the IPC and Section 3 and 4 of the Explosive Substances Act, 1908. As the appellant did not appear at the trial initially, his trial was split up. On 06.08.2012, the appellant was arrested whereafter the trial proceeded against him. Charge against the appellant was framed on 06.03.2013 by the learned trial court for commission of the offences punishable under Section 396 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act, 1908. As the appellant denied the charges, he was put to trial. At the trial, altogether seven prosecution's witnesses were examined, including the doctor (PW-7) who had conducted the postmortem examination. After closure of the evidence of the prosecution's witnesses, complying with the requirement of Section 313 of the Cr.P.C. questions were put by the court to the appellant eliciting his explanation regarding the circumstances which had emerged against him in the evidence of the prosecution's witnesses. The appellant, however, answered in negative all the questions which were put to him.

4. One court witness, namel