JUDGMENT :

Ramesh Sinha, Mrs. Saroj Yadav, JJ.

(The judgment is pronounced in terms of Chapter VII Sub-rule (2) of Rule (1) of the Allahabad High Court Rules, 1952 by Hon'ble Ramesh Sinha, J.) (Per Mrs. Saroj Yadav, J. for the Bench)

1. This Criminal Appeal has been filed by the convict/appellant Anil Yadav, against the judgment and order dated 23.12.2007 passed by Additional Sessions Judge/FTC IV, (Room No.13), Sultanpur in Sessions Trial No.284 of 2005, whereby the convict/appellant was held guilty for the offence punishable under Section 302/34 of Indian Penal Code, 1860 (in short I.P.C.) and sentenced to rigorous imprisonment for life coupled with a fine of Rs.5,000/-and in default of payment of fine to further imprisonment of six months. The convict/appellant was also held guilty and sentenced under Section 25 of the Arms Act in Sessions Trial No. 285 of 2005 whereby he was sentenced to rigorous imprisonment of two years coupled with fine of Rs.1,000/-and in default of payment of fine to further imprisonment of three months.

2. The facts necessary for disposal of this appeal shorn of unnecessary details are as under:

(i) A First Information Report (in short FIR) was register