Shailendra Singh, J. – Heard Mr. Ravindra Kumar, learned counsel for the appellant and Ms. Shashi Bala Verma, learned Addl. PP for the State.

2. The instant appeal has been filed against the judgment of conviction and order of sentence dated 11.07.2017 and 17.07.2017 respectively passed by 4th Additional District & Sessions Judge, Bhojpur at Ara, in Sessions Trial Case No. 112 of 2015 arising out of Charpokhari P.S. Case No. 40 of 2015, whereby and whereunder the learned trial court has found the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code (in short ‘IPC’) and sentenced him to undergo imprisonment for life with a fine of Rs. 50,000/- and further directed Rs. 40,000/- out of the deposited fine be paid to the sons of the deceased (hereinafter referred to as ‘victim’).

Prosecution Story:

3. The prosecution story in brief is that one namely, Manish @ Lav Kumar aged about 12 years, son of the victim, recorded his Beyan (statement) before Station House Officer of Charpokhari police station on 06.02.2015 at about 2:15 P.M. at Charpokhari police station, alleging therein that on 06.02.2015 he, his twin brother (PW-4) with their mother Rekha Devi (victim) had gone to family court at Ara as his mother had instituted a case against his father (appellant) in the year 2012 but his father did not appear in the court on that date, so the court fixed another date i.e. 19.03.2015 and thereafter he, his brother and mother went to Ara Railway Station at about 1:00 P.M to board a passenger train, then he noticed that his father (appellant), his uncles Ram Babu Ram, Mithlesh Rai and Sheo Chaudhary were also present at Ara Railway Station and they also boarded the same train and entered into an other coach, when the train stopped at Garhani station, he saw that his father and uncles while searching them entered into their coach and after that train started moving and reached at Garhani halt and the train again started moving at 1:45 P.M. from Garhani halt then suddenly his uncles asked his father that there was a good opportunity to shoot the victim, on that instigation, his father pumped three bullets into the body of his mother (victim) by using a pistol and thereafter, all the accused managed to escape after jumping off the train when it became slow and thereafter, the train stopped at Charpokhari railway station and at that time he and his brother were afraid. He further alleged that at Charpokhari Railway Station he and his brother got down and started moving towards Charpokhari police station then they met their uncle and cousin maternal grandfather who accompanied them to Charpokhari police station where he recorded his beyan. The informant revealed the reason of the occurrence in his fardbeyan as appellant’s illicit relationship with an another lady who belongs to Scheduled Caste which resulted in tense relation in between the appellant and the victim who was always physically tortured by the appellant and finally the victim left the appellant and started residing at her maternal home at Gopalpur village with her children and also filed a case at family court, Ara and according to the informant his mother (victim) died in the train at the spot.

4. The Beyan (statement) of Manish Kumar @ Lav Kumar (PW-5) was signed by him, his brother, uncle and cousin grandfather who accompanied the informant to Charpokhari police station. On the basis of Beyan of the informant, formal FIR bearing Charpokhari P.S. Case No. 40 of 2015 was registered against four accused persons including the appellant under Sections 302, 120B/34 of IPC and Section 27 of the Arms Act.

5. After investigation, the police submitted chargesheet against the accused Sheo Chaudhary @ Ramjee Rai and his case was separated from other co-accused persons and thereafter, committed to the court of Sessions. A supplementary chargesheet was submitted against the appellant and the investigation was kept pending against other two co-accused persons. The S