1. The instant cr. appeal has been filed by the accused appellant Munna Lal @ Munna under Section 374(2) Cr.P.C. against the judgment dated 12.6.2006 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases - cum - Addl. Sessions Judge, Merta in Sessions Case No. 54/2005 whereby the accused appellant was convicted for offence under Section 302 IPC and for offence under Section 4/25 of the Arms Act and following sentence was passed against him:

"Under Section 302 IPC -- Life imprisonment with fine of Rs. 10,000/- and in default of payment of fine to further undergo six months SI.

Under Section 4/25 of the Arms Act.-- One year RI with fine of Rs. 500/- and in default of payment of fine to further undergo two months SI."

2. As per brief facts of the case on 22.4.2004 the complainant PW-9 Dharm Singh, the then Station Master, Merta Road submitted a written report (Ex. P/1) at Police Station Merta Road alleging therein that Sumer Singh Gujar Senior Clerk was on duty on 22.4.2004 from 20 hours to 8 hours. In the night at about 1.00 am Sumer Singh while taking two water bottles from running room coming back, at that time, the complainant heard cry of Sumer Singh The co