JUDGMENT :

Shree Chandrashekhar, J.

Two persons, namely, Akhileshwar Singh @ Santu Singh and Marwari Bandra and 3 unknown persons were made accused in Sini Railway Chandil P.S. Case No. 11 of 2007 which was lodged on the basis of the fardbeyan of Shankar Pradhan recorded on 15.10.2007 at about 19:30 hrs. at Railway Hospital, Sini. Charges under sections 302/34 and 307/34 of the Indian Penal Code and under section 27 of the Arms Act were framed against the appellant; the accused, namely, Marwari Bandra has faced the trial separately in S.T. No. 19 of 2009.

2. In Sessions Trial No. 84 of 2008, the appellant has been convicted and sentenced to RI for life and fine of Rs.5000/- under section 302/34 IPC, RI for 10 years and fine of Rs. 5000/- under section 307/34 IPC and RI for 3 years and fine of Rs.5000/- under section 27 of the Arms Act. In default of the payment of fine, he has to suffer further sentences under the respective offences.

3. The prosecution has examined as many as 15 witnesses in support of its case out of which PW-1 to PW-5 are the members of the police patrolling party which had visited the place of occurrence immediately after the incident. They are not eye witnesses an