ORAL JUDGMENT

Date : 16-01-2026

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. The present appeal is directed against the judgment of conviction dated 19.11.2009 and order of sentence dated 20.11.2009 passed by learned Additional Sessions Judge – 1^st, Khagaria in Sessions Case No. 464 of 2006, arising out of Gogri P.S. Case No. 110 of 2006 whereby and whereunder the appellant has been convicted for the offences punishable under Sections 307 and 387 of IPC and under Section 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for 10 years along with fine of Rs. 5,000/- under Section 307 of IPC and further sentenced to undergo rigorous imprisonment for 7 years along with fine of Rs. 1,000/- under Section 387 of the I.P.C. and further sentenced to undergo rigorous imprisonment of 3 years and also fine of Rs. 500/- for the offence under Section 27 of the Arms Act . All the sentences have been directed to run concurrently.

3. The prosecution case, in brief, is that on 21.04.2006 at 04:45 A.M., the informant (PW-4) was returning after attending the call of nature, and upon reaching north of Kali Asthan, about 100 yards