JUDGMENT :

Manoj Misra, J.

1. This appeal is against a composite judgment and order dated 12.06.1996 passed by Ninth Additional District & Sessions Judge, Ghaziabad in two connected Sessions Trial Nos. 147 of 1991 and 149 of 1991 whereby, the appellant-Ishaque has been convicted under Sections 302 I.P.C. and section 4/25 Arms Act, respectively; and has been punished as follows: (i) under Section 302 I.P.C., life imprisonment with fine of Rs. 2,000/-and a default sentence of six months R.I. and (ii) under Section 25/4 Arms Act, two years R.I. with fine of Rs. 500/-and a default sentence of one month R.I. Both sentences to run concurrently.

INTRODUCTORY FACTS

2. (i) At 6.10 hours on 29.01.1991, Rajendra Kumar (PW-2) gave a written report (Ex. Ka-1), which was lodged as first information report (FIR) (Ex. Ka-4) at P.S. Shahibabad, District Ghaziabad, alleging therein that two days before, in the evening, at about 7.00 pm, Arun Jeev @ Bhaloo Sham (the deceased), a rickshaw puller, on his rickshaw, came with a lady, a man and a child. Claiming that the lady is his sister (Ayesha), the man is his brother-in-law (Ishaque Matwar -the appellant), Arun Jeev asked for a room from the informant (P