Prakash Chandra Jaiswal, J.

Heard learned counsel for the appellant as well as learned APP for the State on this criminal appeal.

2. This criminal appeal has been preferred against the Judgment and Order of conviction dated 11.09.2012 and order of sentence dated 17.09.2012 passed by Adhoc Additional District and Sessions Judge-V, Ara in Sessions Trial No. 25 of 2011 arising out of Barahara (Sinha) P.S. Case No. 239 of 2010, whereby the learned trial court convicted the appellant, namely, Manoj Singh for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and sentenced him to undergo life imprisonment and also slapped him with fine of Rs. 25000/- and in default of payment of fine, to further undergo S.I. for three months under Section 302 of the Indian Penal Code and further sentenced him to undergo R.I. for three years and slapped him with fine of Rs. 5000/- and in default of payment of fine to further undergo S.I. for two months under Section 27 of the Arms Act. Both the sentences were directed to run concurrently.

3. Factual matrix of the case is that Barahara (Sinha) P.S. Case No. 239 of 2010 was instituted under Section 302 of