JUDGMENT :

Sudhir Singh, J.

Heard learned counsel for the appellant and learned A.P.P. for the State.

2. The present criminal appeal has been preferred against the judgment of conviction dated 22.11.2016 and the order of sentence dated 02.12.2016, passed by Sri Birendra Kumar Mishra, Xth Additional Sessions Judge, Saran, Chapra in Sessions Trial No. 786/2011, arising out of Rasulpur P.S. case No. 60/2011, whereby and whereunder the appellant has been convicted for the offence under Sections 302 and 201 of the Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 5000/-under section 302 of the Indian Penal Code, and five years rigorous imprisonment and a fine of Rs. 3,000/-under Section 201 of the Indian Penal Code, and in default of payment of fine, the appellant has been directed to undergo additional rigorous imprisonment of two years and one year under Sections 302 and 201 respectively of the Indian Penal Code. It was further directed that the sentences so imposed shall run concurrently.

3. The prosecution case, as per the written report of the informant, is that the informant is resident of village Rasulpur. On 10.06.2011, the informant’s son was sitting at his sho