Prashant Kumar,J: The Sole appellant Rabi Kumar @ Ravi Kumar has preferred this appeal against the judgment of conviction and order of sentence dated 7.6.2001 passed by 3rd Additional Sessions Judge, Singhbhum West in Sessions Trial No. 229 of 2000 whereby and whereunder he has been convicted under section 302 of the IPC and 27 of the Arms Act and sentenced to undergo imprisonment for life.

2. The prosecution story as per the written report of P.W. 32 Lakhan Soy is that on 10.4.2000 at about 5.25 p.m. he along with Bijay Singh Soy ( deceased), Sambhu Poddar and Goppi had gone to Chakradharpur Bazar on an Armada Car bearing Registration No. 6487. At Bata Road, Chakradharpur, informant, his uncle (deceased) and Gopi got down from the Car and deceased sent Sambhu Poddar to his house with the aforesaid Car. It is alleged that at that time Lala Pappu @ Shesh Narayan Lal and Rakesh Ranjan passed on a scooter looking towards them. Soon thereafter Suresh Sao and Banti Srivastava also passed on a motorcycle looking towards them. It is further alleged that deceased (Bijay Singh Soy) was sitting inside Subham Vastralaya, whereas informant and Gopi were standing near Subham Vastralaya. Bijay Singh Soy sent Gopi to somewhere in connection with some work. At about 6 p.m. Rabi Singh ( appellant), Manoj Singh came there on a Yahama motorcycle from the side of Pawan Chowk and stopped near Subham Vastralaya. In the meanwhile Lalji Das and Chhota Manoj Singh @ Binod Singh came from the side of Shitla Mandir on a Vespa scooter and they too stopped near Subham Vastralaya. Thereafter the said 4 dreaded criminals got down from their vehicles and started indiscriminate firing on informant’s uncle Bijay Singh Soy with large and sophisticated weapons. The informant in panic and out of fear entered into a BSC Shoe Shop. Bijay Singh Soy sustained grievous injuries by indiscriminate firing and fell on the ground. The aforesaid 4 criminals fled away on their vehicles towards Old Ranchi Road. When the informant thereafter went to Subham Vastralaya he found his uncle and one unknown person lying dead. His uncle’s licensed pistol, which was with him, was also missing. It is alleged that Lala Pappu @ Shesh Narayan Lal and Rakesh Ranjan were very close to Lakshman Gilua and due to rivalry the aforesaid three persons hatched a conspiracy with Arbind Singh, M.L.A. and Munnu Thakur and murdered informant’s uncle. It is also alleged that Lakshman Gilua M.P., Arbind Singh M.L.A. and Munnu Thakur had threatened his aunts several times.

3. On the basis of aforesaid written report, police registered Chakradharpur P.S. Case No. 31 of 2000 dated 10.4.2000 against Manoj Singh, Rabi Singh, Lalji Das, Vinod Singh, Lakshman Gilua, M.P, Arbind Singh M.L.A., Munnu Thakur, Lala Pappu @ Shesh Narayan Lal, Rakesh Ranjan, Suresh Sao and Banti Srivastava under sections 302, 120(B), 379/34 of the IPC and 27 of the Arms Act and took up investigation. On completing the investigation, police submitted charge sheet against 8 accused persons, namely, Lakshman Gilua, Lala Pappu @ Shesh Narayan Lal, Rakesh Ranjan Ambastha, Mithlesh Kumar Thakur, Manoj Singh, Ravi Kumar ( appellant), Suresh Kumar Sao and Ajay Kumar Srivastava @ Banti. Chhota Manoj @ Vinod Singh and Arbind Singh @ Malkhan Singh had not been sent up for trial whereas one of the accused Lalji Das was shown as dead. Cognizance of the offence was taken against the said accused persons whereas proceeding against accused Arbind Singh and Chhota Manoj @ Vinod Singh and Lalji Das was dropped. The Sub Divisional Magistrate, Chakradharpur committed the case to the court of sessions as the offence under section 302 of the IPC is exclusively triable by the court of sessions. After the commitment, the learned court below framed charges against accused persons under section 120 (B), 149, 302 of the IPC and also under section 27 of the Arms Act. The accused persons pleaded not guilty and claimed to be tried.

4. The prosecution alt