1. The appellant in the instant case, assails his conviction for commission of offences under Section 364/302 of the Indian Penal Code (IPC) by the judgment dated 8th February, 2008 and the order of sentence dated 12th February, 2008 whereby he has been sentenced to undergo rigorous imprisonment for ten years and imposition of fine of Rs.10,000/- for commission of the offence under Section 364 IPC. In default of payment of fine, he has been sentenced to undergo simple imprisonment for a period of three months. For commission of the offence under Section 302 IPC, the appellant has been sentenced to undergo imprisonment for life and a fine of Rs.10,000/- was imposed upon him. Again for default of payment of fine, it has been directed that he shall undergo simple imprisonment for three months. Both the sentences were ordered to run concurrently and the benefit of Section 428 of the Cr.P.C. has been granted to the appellant.

2. The case of the prosecution is in a narrow compass and is briefly encapsulated hereafter. It is the case of the prosecution that on 25th December, 2005, Mohd Abdul Qadir, a six years old was playing outside his house no.502, Gali No.6, Ram Ghat, Wazirabad