JUDGMENT :

SAMIT GOPAL, J.

1. The present appeal arises out of the judgment and order dated 10.01.2013 passed by the Additional District Judge, Court No. 4 Kanpur Nagar in Sessions Trial No. 823 of 2005 (State of U.P. vs. Ashish Kumar) whereby the appellant Ashish Kumar has been convicted and sentenced under Section 302 IPC to life imprisonment, a fine of Rs. 10,000/- and in default of payment of fine to two months rigorous imprisonment, under Section 364-A IPC to life imprisonment, a fine of Rs. 10,000/- and in default of payment of fine to two months rigorous imprisonment and under Section 201 IPC to seven years rigorous imprisonment, a fine of Rs. 3,000/- and in default of payment of fine to one month rigorous imprisonment. The sentences have been ordered to run concurrently.

2. The trial court while passing the judgment impugned herein has directed that the period of incarceration of the accused will be set off against the sentence of imprisonment.

3. At the first instance, an application dated 17.03.2005 was moved by Hari Ram son of Narottam Ram before the Station House Officer, Police Station Chakeri, District Kanpur Nagar to the effect that his son Alok Kumar aged about 21 years