Honble SHARMA, J.–Challenge in this appeal is to the judgment dated October 5, 2006 of the learned Sessions Judge Karauli, whereby the appellants, two in number, were convicted and sentenced as under:-

U/s.302 IPC:

To suffer imprisonment for life and fine of Rs.5000/-, in default to further suffer five months rigorous imprisonment.

U/s.392/397 IPC:

To suffer rigorous imprisonment for five years and fine of Rs.2000/-, in default to further suffer two months rigorous imprisonment

U/s.460 IPC:

To suffer rigorous imprisonment for seven years and fine of Rs.3000/-, in default to further suffer three months simple imprisonment

Substantive sentences were ordered to run concurrently.

(2). It is the prosecution case that a written report (Ex.P-6) was lodged by informant Gulab Singh on January 23, 2001 at Police Station Karauli with the averments that in the intervening night of 22 and 23 of January, 2001 at about 2.30 AM certain miscreants trespassed the house of his brother Devi Singh. Hearing noise, Ravi (grand son of Devi Singh) woke up and made attempt to catch hold of miscreants. But the miscreant over powered Ravi and opened fire at him, as a result of which Ravi died instantly. The miscreant

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