(1.) Heard learned counsel for the Appellant and learned counsel for the Additional Public Prosecutor.
(2.) The Appellant has been convicted under Section 302 of the I.P.C. and 27 of the Arms Act and sentenced to Rigorous Imprisonment for life and fine of Rs. 4000/-, in default of which, further Rigorous Imprisonment for four months as also sentenced to undergo four years Rigorous Imprisonment and fine of Rs. 2000/-, in default of which, three months Rigorous Imprisonment for the offence under Section 27 of the Arms Act respectively by a Judgment dated 28.01.2011/02.02.2011 by the 2nd Additional Sessions Judge in connection with Sessions Trial No. 48 of 2008 arising out of Beldaur P.S. Case No. 68 of 2006.
(3.) The case of the prosecution, according to one Bauku Choudhary, husband of the deceased, who died during trial, is that on 13.10.2006 at about 7.00 A.M. the Appellant went into their house and confronted his wife saying that she was a witch and had eaten his daughter and she should treat her. When she protested, the Appellant shot her on the chest, on account of which, she died.