JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure assailing the judgment of conviction dated 22.11.2017 and an order of sentence dated 27.11.2017 passed by the learned 3rd Additional District & Sessions Judge Bhagalpur in Sessions Trial No. 540 of 2014 arising out of Pirpainti P.S. Case No. 124 of 2013, whereby and whereunder the appellant has been convicted and sentenced as under :

2. A written report of the informant Subhash Kumar Mandal (PW-3) dated 02.09.2013, addressed to the Station House Officer, Pirpainti P.S is the basis for registration of the concerned Pirpainti P.S. Case No. 124 of 2013, disclosing commission of offence punishable under Section 302 of the Indian Penal Code and section 27 of the Arms Act. The FIR was registered at 4:30 pm on 02.09.2013 based on the information received at the P.S at 4:30 pm on the said date. The place of occurrence was at a distance of 15 Kms from the P.S. The case, as narrated by the informant in his written report is that the informant was studying in his house when at about 10:30 pm he heard sounds of firing and as soon as he came out, he saw Mantu Manda