JUDGMENT :

RAJ BEER SINGH, J.

1. This criminal appeal has been preferred against judgment and order dated 08.04.2011 and 11.04.2011 passed by Additional Sessions Judge, Court No. 13, Saharanpur in S.T. No. 705 of 2005 (State vs. Boby @ Sushil), Crime No. 85/435/2005, under Section 302 IPC, P.S. Kotwali Dehat, District Saharanpur and S.T. No. 706 of 2005 (State vs. Boby @ Sushil), Case Crime No. 86/436/2005, under Section 25/4 Arms Act, P.S. Kotwali Dehat, District Saharanpur, whereby the accused-appellant Boby @ Sushil has been convicted under Section 302 Indian Penal Code (hereinafter referred to as IPC) and under Section 25/4 Arms Act. He was sentenced to imprisonment for life along with fine of Rs. 20,000/- under section 302 IPC and rigorous imprisonment of one year along with fine of Rs. 5000/- under Section 25/4 Arms Act. In default of payment of said fine of Rs. 20,000, he has to undergo one year additional imprisonment and in default of payment of said fine of Rs. 5000/- he has to undergo three months additional imprisonment. Both the substantial sentences were to run concurrently.

2. Accused-appellant Boby @ Sushil is brother of deceased Luxman Singh. Prosecution version is th