(Delivered by Hon'ble J.J. Munir, J.)

1. This criminal appeal is directed against a judgment and order of Sri Rajendra Babu Sharma, the then Ist Additional Sessions Judge, Baghpat dated 9th July, 2012 in Sessions Trial No.167 of 2008 (State Vs. Bablu and others) convicting the appellant Rakesh of an offence punishable under Section 302 read with Section 34 IPC and sentencing him to suffer imprisonment for life with a fine in the sum of Rs.10,000/- attended with a direction that in the event of default in the payment of fine, the appellant would have to undergo a further term of one year rigorous imprisonment.

2. It may be mentioned at the outset that the present appeal was filed from Jail by the appellant through the Senior Superintendent, District Jail, Meerut in the prescribed proforma dated 19.12.2012 forwarded by the Senior Superintendent along with a covering memo addressed to the Deputy Registrar of this Court. The appeal was belated. This Court by an order dated 15.01.2013 condoned the delay, admitted the appeal to hearing and summoned the record.

3. Heard Sri Raj Kumar Dhama, learned counsel for the appellant and Sri Saghir Ahmad, learned A.G.A. on behalf of the