Chakradhari Sharan Singh, J.—The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure against the judgment and order dated 13.12.2021 and 21.12.2021 passed by the learned 1st Additional Sessions Judge, Bagaha, West Champaran, in Sessions Trial No. 292 of 2013, whereby and whereunder the appellant has been convicted and sentenced as under:—

2. All sentences have been directed to run concurrently.

3. Heard Mr. Shashank Chandra, learned counsel appearing on behalf of the appellant and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.

4. The father of the deceased, Ratan Mallah, is the informant of Bagaha P.S. Case No. 28 of 1990, registered on 03.11.1990 for commission of the offences punishable under Sections 147, 148, 149, 302, 201 of the IPC and Section 27 of the Arms Act, which gave rise to aforementioned Sessions Trial and the subsequent impugned judgment of conviction and the order of sentence passed by the learned trial court. A written report of the informant is the basis for registration of the FIR. According to the FIR, the occurrence had taken place at 08 A.M on 02.11.1990. From the First Information Report, it transpires that the information was given to the police regarding the occurrence on 08:30 A.M. on 03.11.1990. The distance of the Police Station from the place of occurrence is said to be 10 kilometers north. According to the prosecution’s case, the appellant with 7-8 persons, armed with firearm, reached the informant’s place, and while using abusive language, was searching for the deceased Ramdev Mallah. The deceased is said to have fled away from the house, who was chased by this appellant and others. The appellant is said to have shot at the deceased. The deceased fell down on the ground. When he was lying in injured condition, he was assaulted by all others, who were accompanying this appellant, with lathi and danda and thereafter took the body of the deceased towards river and disappeared thereafter. It is apparent from the FIR that the deceased had very recently come out of jail. He also disclosed in the FIR that the occurrence was witnessed by Jaisri Mallah (PW-4), brother of the deceased, Hardeo Mallah (PW-1) brother of the deceased, Sarswati Devi (PW-2) wife of the deceased. It is evident from the records that the dead body of the deceased was remained untraced.

5. The police, upon completion of investigation, submitted charge-sheet against six persons for commission of the offence punishable under Section 302 of the IPC. Charge-sheet against this appellant was filed on 02.08.2013 for commission of the offence punishable under Sections 148, 302/149, 201/149 and Section 27(1) of the Arms Act. The appellant denied the charges framed against him and claimed to be tried.

6. At the trial, altogether four witnesses were examined. No documentary evidence was adduced at the trial. After closure of the evidence of the witnesses, the appellant was questioned by the court below in relation to the circumstances emerging against him based on the evidence of the prosecution’s witnesses adduced at the trial as required under Section 313 of the CrPC. The appellant denied the circumstances. Learned trial court, upon analysis and evaluation of the evidence adduced at the trial, concluded that the charges against the appellant of having committed the offence punishable under Sections 148, 302/149, 201/149 of the IPC and Section 27(1) of the Arms Act stood prove, and accordingly, after having held the appellant guilty of the aforesaid