JUDGMENT :

1. This appeal is against the judgment and order dated 04.08.2010, passed by the Sessions Judge, Basti in Sessions Trial No.137 of 2007, arising out of Case Crime No.178 of 2007 (State Vs. Ram Gati alias Prem Chandra and others), P.S. Khalilabad, district Sant Kabir Nagar, whereby the appellant has been convicted under Sections 302 and 452 I.P.C. and sentenced as follows: imprisonment for life and fine of Rs.5,000/-, coupled with a default sentence of six months, under Section 302 I.P.C.; and four years R.I. and fine of Rs.3,000/-, coupled with default sentence of three months, under Section 452 I.P.C. Both sentences to run concurrently.

2. Four persons, namely, Ram Gati @ Prem Chandra (the appellant), Vijay Kumar, Daya Shankar and Krishna Chandra were put to trial. The appellant was charged for offences punishable under Sections 302 and 452 I.P.C. and Section 25/27 Arms Act whereas, co-accused Vijay Kumar and Krishna Chandra were charged for offences punishable under Sections 452 and 302 read with Section 34 I.P.C. The fourth accused, namely, Daya Shankar, was charged for offence punishable under Section 120-B I.P.C. The appellant though was acquitted of the charge of off