JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal, filed under Section 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 09.04.2015 and order of sentence dated 18.04.2015 passed by the learned Additional Sessions Judge VII, Dhanbad in Sessions Trial No. 07 of 2000, by which the appellant-Ramadhir Singh @ Ramadhin Singh has been convicted under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act; and has been sentenced to undergo imprisonment for life for the offence committed and punishable under Section 302/34 of the Indian Penal Code and R.I for three years for the offence committed and punishable under Section 27 of the Arms Act. Both the sentences were directed to run concurrently.

Facts of the Case:

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case, as per fardbeyan of informant, namely Dun Bahadur Singh (P.W. 10), which reads as under:

3. The fardbeyan of the informant Dun Bahadur Singh (P.W.10), who is a resident of Sijua More, P.S. Jogta, District Dhanbad, was recorded by Sub-Inspector of Police R.N. Tiwary, Officer-in-Charge Katras Police Station at 09.15 Hours on 15.07.1998 near the place of occurrence i.e., Katras Hatia Road near Shahid Bhagat Singh Chowk, on the basis of which F.I.R was instituted on 15.07.1998 at 11.30 Hours, wherein it is stated that on 15.07.1998 at 8.00 hours he (informant) was going from his house situated at Sijua More to Katras Coal Dump by his Mahindra Jeep bearing registration No. BR-17E 0098, which was driven by him. His younger brother, Binod Singh was going ahead of him, from his new Ambassador Car, which was driven by Binod Singh‘s driver namely, Manu Ansari. When they were crossing the densely populated Panchgarhi market and reached near Shahid Bhagat Singh Chowk, Katras Hatia, at about 8.40 hours one white Maruti Car, which was coming from back side, overtook the both the vehicles and stopped. After being stopped, from the vehicle three persons got down and started firing indiscriminately from automatic firearms upon the vehicle of Binod Singh. At that time informant‘s vehicle was 50 yards from the victim‘s vehicle. Due to fear, the informant remained there.

4. After making about more than fifty rounds of firing the accused persons ran to sit in the Maruti Car and fled away towards Rajganj speedily. Informant rushed towards the victim‘s vehicle and saw that the said vehicle was badly damaged and further Binod Singh and his driver Manu Ansari were fallen in the car in the pool of blood. Thereafter several persons also assembled there.

5. It is further stated that the informant immediately thereafter rushed to Tila Tand Central Hospital from his jeep and brought Dr. Uma Shankar to the place of occurrence, who saw the victims (Binod Singh and his driver Manu Ansari) and declared both of them dead.

Informant has further stated that he has seen the accused persons and has identified them.

6. Informant has named the accused persons as Ramadhin Singh (brother of late Surajdeo Singh, Ex. MLA), Rajeev Ranjan Singh (son of Surajdeo Singh) aged 25 years. The third person was of general height having small beard and hair from the front was bald and wore jeans pant, about whom he stated that he could recognize but did not know his name. All the accused persons were firing from automatic weapon and after firing Ramadhin Singh, the appellant herein, asked them to flee away uttering that the work has been done.

7. It has further been stated in the fardbayan that the murder of Binod Singh was committed due to old existing enmity on instigation by accused Bachcha Singh in his conspiracy with all the accused persons.

8. On the basis of fardbeyan of the informant, a formal F.I.R. being Katras P.S Case No. 232 of 1998 dated 15.07.1998 was registered under Sections 302/120B/34