JUDGMENT

Shree Chandrashekhar, J. - The sole appellant, namely, Mahendra Ram has suffered the conviction and sentence of R.I. for life and fine of Rs. 10,000/- under section 302 of the Indian Penal Code and R.I. for 3 years under section 27 of the Arms Act.

2. During the trial, the prosecution has examined altogether eleven witnesses; the informant is PW-5.

3. The prosecution has projected BiganThakur-PW-1 and the informant-PW-5 as eye witnesses.

4. The informant of this case, namely, Dhananjay Singh is a covillager. On the basis of his fardbeyan, which according to him was recorded at 1:30 a.m. in the night of 1.2.2007 in his village, Meral P.S. case no. 06 of 2007 was registered at 4 a.m. on 1st February, 2007 against the appellant. In his fardbeyan, the informant has stated that in the evening of 31.1.2007 he was returning from Meral on a Commander jeep. At that time, Ram Nath Sao, Mahendra Ram and Khalasi of the jeep were with him, but Mahendra Ram got down at the railway crossing and Bigan Thakur boarded the jeep. They proceeded ahead and when the jeep reached near the hotel, Mahendra Ram again came there and sat in the jeep. After moving about one and half kilometre, Mahendra