JUDGMENT :

Naheed Ara Moonis, J.

1. This Criminal Appeal has been filed against the judgement and order dated 17.07.2009 passed by the learned Additional Sessions Judge (Fast Track ) Court No. 3, Maharajganj in Session Trial No. 158 of 2004 arising out of Case Crime No. 115 of 2004, under Section 302 IPC and Session Trial No. 159 of 2004 arising out of Case Crime No. 121 of 2004, under Sections 25/27 of Arms Act, police station Ghughli, district Maharajganj whereby the learned Judge convicted and sentenced the appellant to life imprisonment and a fine of Rs. 5,000/-under Section 302 IPC and five years rigorous imprisonment and a fine of Rs. 1000/-under Sections 25/27 of the Arms Act. In case of default, the appellant was further directed to undergo rigorous imprisonment for six months in both the session trials. However, both the sentences were directed to run concurrently.

2. The emanation of facts giving rise to the case of the prosecution are that a written report was handed over by the first informant Hari Narayan, son of Maniraj Chaudhary, village Harkhi Tola police station Ghughli, district Maharajganj to the effect that the complainant is the permanent resident of village Harkh