JUDGMENT :

Shree Chandrashekhar J.

1. In Sessions Trial No.86 of 2010, the appellant has faced the charge under section 302 of the Indian Penal Code (in short 'IPC') and section 27 of the Arms Act for committing murder of Anup Prajapati. He was convicted and sentenced to RI for life and a fine of Rs. 5000/- under section 302 IPC and RI for 5 years and a fine of Rs. 1000/- under section 27 of the Arms Act.

2. Garhwa P.S. Case No. 30 of 2010 was lodged on 10.02.2010 against Vikash Gaur @ Vikash Gond, the appellant. The informant who is the mother of Anup Prajapati has stated in her fardbeyan which was recorded at 07:00 AM on 10.02.2010 in OPD of Sadar Hospital, Garhwa that in the evening of 09.02.2010 she had gone with her son to attend marriage ceremony of the daughter of Bharat Mahto. At about 10:00 PM, when Dwarpuja was being performed Vikash Gaur @ Vikash Gond who was walking with her son fired at him. When she raised hulla (cries) that Vikash Gaur has shot her son the persons around there including few on the side of the bridegroom carried her son on a Jeep to Sadar Hospital, Garhwa, where he was declared brought dead. During the investigation the elder son of the informant and her