JUDGMENT :

Ram Krishna Gautam, J.

1. This criminal appeal, under Section 374(2) of Code of Criminal Procedure, (hereinafter referred to as 'Cr.P.C.') has been filed by Ghanshyam Chaudhary and Vishwanath, against judgment of conviction and sentence dated 23.11.2007 made by Court of Additional District and Session Judge, Fast Track Court No. 1, Basti, in Sessions Trial No. 16 of 2005 (State Vs. Ghanshyam Chaudhary and another) connected with Session Trial No. 151 of 2005 (State Vs. Ghanshyam Chaudhary), arising out of Case Crime No. 678 of 2004 of P.S. Walterganj, District Basti, for offence punishable under Section 302 IPC and Case Crime No. 495 of 2004, under Section 25 of Arms Act, of Police Station Sonha, District Basti, wherein, both of convict appellants Ghanshyam Chaudhary and Vishwanath have been convicted and sentenced with rigorous life imprisonment and fine of Rs. 10,000/-, each and in case of default in payment of fine, they are to suffer further rigorous imprisonment for each, and in connected Sessions Trial No. 151 of 2005 (State Vs. Ghanshyam Chaudhary), appellant Ghanshyam Chaudhary, has been acquitted for offence punishable under Sections 3/25/27 of Arms Act.

2. Sri Gan