Anil Kumar, J.

1. Heard Shri Anurag Shukla Amicus Curiae for the accused-appellant and Ms. Farhat Jamal Siddiqui, learned A.G.A. for the State and perused the record.

2. Instant appeal has arisen against the judgment and order dated 19.3.2008, passed by learned Additional Sessions Judge, Hardoi in S.T. No.432/2006, arising out of Crime No.122/2006, under section 302 IPC, Police Station Behata Gokul, District Hardoi and connected S.T. No.501/2006, arising out of case crime no.124/2006, under section 25 Arms Act, Police Station Behata Gokul, District Hardoi, whereby the learned trial court had convicted the accused Subhash under section 302 IPC and sentenced him imprisonment for life and pay a fine of Rs.5000/-. In default of payment of fine he has to further undergo rigorous imprisonment for one year. However, learned trial court had acquitted the accused for an offence punishable under section 25 Arms Act.

3. A first information report was lodged at police station Behata Gokul on 05.4.2006 by Mukesh Stating that he is the resident of Village Bilsari, Police Station Pachdevara, District Hardoi, but at the time of incident he alongwith his brothers was residing at Raushar Koth