JUDGMENT :

Vipul M. Pancholi, J.

The present appeal has been filed by the appellant/convict under Section 374(2) of the Code of Criminal Procedure, 1973 challenging the order of conviction dated 21st January, 2014 and order of sentence dated 27th January, 2014 passed by learned 1st Additional Sessions Judge, Sitamarhi in S.Tr. No. 168 of 2012/47 of 2013 arising out of Belsand P.S. Case No. 126 of 2011, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Sections 302 read with Section 34 of I.P.C. and under Section 27 of the Arms Act, 1959. The appellant has been sentenced to undergo imprisonment for life and fine of Rs. 20,000/-in default of R.I. for 1 year for the offence under Section 302/34 and R.I. for 3 years and fine of Rs. 5,000/-in default R.I. for 3 months for the offence under Section 27 of the Arms Act, 1959. Both the sentences have been ordered to run concurrently.

2. The prosecution case in brief is as under:-

“The prosecution case, in nut shell, is that on 01.12.2011 at 08.45 A.M., father of the informant namely Hari Shankar Prasad had gone to take betel. All of a sudden, four miscreants namely Upendra Singh, Sudistha