Ratnaker Bhengra, J.

Heard learned senior counsel for the appellant and learned counsel for the State.

2. Appellant is aggrieved by the judgment of conviction and order of sentence dated 19.12.2006 and 20.12.2006 respectively passed by the learned 18th Additional Judicial commissioner, Ranchi in Sessions Trial Case No. 594 of 2003 whereby the appellant was found guilty and convicted for the offence punishable under section 302/34 of the Indian Penal Code along with Section 25(I-a) and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- under section 302/34 of the Indian Penal Code and further to undergo rigorous imprisonment for three years under section 27 of the Arms Act. No punishment was awarded u/s 25 (I-a) of the Arms Act. The sentence awarded to the appellant was ordered to run concurrently.

3. The prosecution case as per fardbeyan of informant Prem Lata Minz, PW-1 wife of Late Niranjan Minz R/o Nayatoli, P.S. Lower Bazar, District Ranchi recorded on 25.6.2003 at 20 hours at RIMS Emergency Ward, Ranchi, in brief is that on the alleged date at about 5:30 p.m. the informant was sitting with her husband and her two daughters Priti Lata Minz and Sanyogita Minz in her guest room. Then they heard the sound of motor cycle stopping in front of her house and saw accused Rajesh Kachhap and one unknown boy aged about 25-30 years on the motorcycle. Then accused Rajesh Kachhap came before her husband and inquired about the Buli (Aruna Toppo) upon which her husband said go and see her at upper floor and also inquired from the accused Rajesh Kachhap as to why he was searching Aruna, it is wrong. Then accused Rajesh went to the upper floor where Aruna used to reside and after ten minutes he came down with Aruna who left Rajesh Kachhap upto the gate and returned back. Thereafter Rajesh Kachhap said something to one unknown boy and both entered into her guest room. Accused Rajesh Kachhap armed with pistol opened fire upon the right parietal region of her husband as a result her husband fell down and blood oozed out. After the incidence both accused fled away but threw the pistol in the guest room itself. Thereafter, her husband was taken to RIMS, Ranchi where he was declared dead. Lower Bazar Police had seized the fire arms from the guest room of the informant.

4. Accordingly FIR was lodged and was registered as Lower Bazar P.S. Case no. 85 of 2003 U/s 302/34 of the Indian Penal Code and U/s 25 (1-B) and 26 of the Arms Act against the accused appellants. The police after completion of investigation submitted charge-sheet u/s 302/34 IPC and u/s 25 (1-B), 26 and 27 of the Arms Act. Cognizance was taken and case was committed to the court of Sessions for trial. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried. After the trial accused were convicted and sentenced as aforesaid. Hence, this appeal.

5. In order to establish its case, the prosecution has examined altogether twelve witnesses. They are P.W.-1 Prem Lata Minz(informant), P.W. 2 Priti Lata Minz, P.W. 3 Sanyogita Minz, P.W.4 Kajal Lata Minz, P.W.5 Satish Ram, P.W.6 Amit Kachhap, P.W. 7 Som Michari, P.W. 8 Dr. A.K. Choudhary, P.W. 9 Rameshwar Mahto, advocate clerk, P.W. 10 Ashok Kumar Pathak, P.W. 11 Ravindra Nath Singh, P.W. 12 Sudama Yadav.

6. P.W.-1 Prem Lata Minz is the wife of deceased Niranjan Minz and informant of this case. She stated that the occurrence is of 25th June, 2003 at 5:30 p.m. She was in her house along with her husband Niranjan Minz (deceased) and daughters PW-2 Priti Lata Minz and PW-3 Sanyogita Minz. A motor cycle stopped near her house. They saw accused Rajesh Kachhap and one boy park the motorcycle and enter into the gate. Accused Rajesh Kachhap entered into the guest room and enquired about one Aruna Toppo @ Buli upon which her husband told him that to go up stairs and see her. Her husband also admonished him as to why he used to disturb