JUDGMENT :

MANOJ MISRA, J

1. This appeal is against judgment and order of conviction and sentence, dated 23.02.2010 and 24.02.2010, respectively, passed by the Additional Sessions Judge, Court No.5, Azamgarh in connected Sessions Trial Nos. 618 of 2002 and 619 of 2002 whereby, both the appellants, namely, Ram Shanker and Rajesh Pandey, have been convicted under Section 302/34 I.P.C. in Sessions Trial No.618 of 2002; and in Sessions Trial No.619 of 2002 the appellant Rajesh Pandey has also been convicted under Section 25 Arms Act. For their conviction under section 302/34 IPC both the appellants have been sentenced to imprisonment for life with fine of Rs. 5,000/-each and a default sentence of six months R.I.; whereas, for his conviction under section 25 Arms Act, the appellant Rajesh Pandey has been sentenced to one year R.I. with fine of Rs.1,000/-and a default sentence of one month. However, in Sessions Trial No. 618 of 2002, both the appellants were acquitted of the charge of offence punishable under Section 504/34 I.P.C.

INTRODUCTORY FACTS

2. The prosecution story, in brief, as could be elicited from the written report (Exb. Ka-1) lodged by PW-1, is that the deceased-Munnar Mali (i