JUDGEMENT :- The Criminal Appeal is directed against the judgment of his conviction dated 3-8-2006 and order of sentence passed by Shri R. B. Gupta, Addl. Sessions Judge, F.T.C., Latehar in Sessions Case No. 12 of 2006 whereby the appellant Baleshwar Yadav @ Shyamji was convicted under Sections 386, 307 and 323, I.P.C. and sentenced to undergo rigorous imprisonment for 10 years, 10 years and simple imprisonment for one year respectively and fines with default stipulation. He was further convicted under Section 25(1-B) a, 26 and 27, Arms Act and sentenced to undergo simple imprisonment for three years and fine of Rs. 2,000/-, rigorous imprisonment for 5 years and fine of Rs. 2,000/- and rigorous imprisonment for 3 years and fine of Rs. 2,000/-respectively with default stipulations of imprisonment. Finally he was convicted under Section 17 of the Criminal Law Amendment Act, 1908 and sentenced to undergo imprisonment for 3 years and fine with default stipulation. Sentences were directed by the trial court to run concurrently.

2. The prosecution story as it stands narrated in the written report ( Ext. 6) of the informant P.W. 9 Harish Kumar Pathak, S.I. of Police, Kuru Police Station (

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