Arvind Kumar Mishra-I, J.

1. By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dated 12.02.2004 passed by the Additional Sessions Judge, Court No. 3, Fatehpur, in Sessions Trial No. 140 of 2000 State of U.P. Vs. Ramesh Chandra Tiwari, arising out of Case Crime No.48 of 2000, under Section 302 IPC, Police Station-Kishanpur, District-Fatehpur and Sessions Trial No.141 of 2000, State Vs. Ramesh Chandra Tiwari, arising out of Case Crime No.53 of 2000 under Section 25 Arms Act, Police Station-Kishanpur, District-Fatehpur whereby the appellant Ramesh Chandra Tiwari has been sentenced to life imprisonment coupled with fine Rs.20,000/- under Section 302 IPC, with default stipulation for two months' additional rigorous imprisonment and further sentenced to three years' rigorous imprisonment coupled with fine Rs.2000/-, with default stipulation for additional one month's rigorous imprisonment. Both the sentences were directed to run concurrently.

2. Heard Sri Jai Shanker Audichya, learned counsel for the appellant, Sri A.N. Mulla assisted by Kumari Meena, Sri J.K. Upadhyay and Mrs. Manju Thakur, learned AGAs for the State and perused t