Dinesh Kumar Singh, J.

Heard Sri Vijay Singh Gour, learned counsel for the appellant and Sri Ratnendu Kumar Singh, learned A.G.A. for the State.

2. The Criminal Appeal No. 8335 of 2008 has been preferred against the judgement and order dated 29.11.2008 passed by Additional District Judge/F.T.C.- 1, Court No.4, Chitrakoot delivered in S.T. No. 104 of 2006, State Vs. Raj Bali Tewari and one another under Section 302 I.P.C. read with Section 34 I.P.C. and Section 307 I.P.C. read with Section 34 I.P.C., P.S. Raipura, District Chitrakoot arising out of Crime No. 24 of 2006 and the other Crl. Appeal No. 8337 of 2008 has been preferred against the same judgement and order arising out of S.T. No. 105 of 2006, State Vs. Raj Bali Tewari @ Badka Tiwari under Section 25 Arms Act arising out of Crime No. 25 of 2006 and P.S. and District are the same, whereby the accused appellant has been convicted under Section 302 I.P.C. and has been awarded punishment of life imprisonment with fine of Rs. 5,000/- and in default of payment of fine, one year additional imprisonment and under Section 307 I.P.C., he has been held guilty and awarded punishment of ten years R.I. and fine of Rs. 3,000/- and