Ashutosh Kumar, J. – We have heard Mr. Arun Kumar Shrivastava for the appellant, Mr. S.B. Verma, learned A.P.P. for the State and Mr. Ramendra Singh for the Informant.

2. The appellant stands convicted under Section 302 of the Indian Penal Code and 27 of the Arms Act vide judgment dated 22.06.2016 and has been sentenced to undergo rigorous imprisonment for life, fine of Rs. 10,000/- and in default of payment of fine, to further suffer simple imprisonment for six months for the offence under Section 302 I.P.C. and rigorous imprisonment for two years, a fine of Rs. 2,000/- and in default of payment of fine, to further suffer SI for six months for the offence under Section 27 of the Arms Act in Sessions Trial No. 306 of 2012 passed by Sri Yogesh Narain Singh, learned 4th Additional District and Sessions Judge,, Bhojpur at Ara. The sentences however have been ordered to run concurrently.

3. The deceased namely Md. Siraj is said to have been shot dead by the appellant.

4. Majhabi Begum/P.W.3, who is the elder sister of the deceased, has lodged the FIR on 01.07.2011 at 8.30 AM at her house alleging that she was telephonically informed on 01.07.2011 in the morning that her younger brother/Md