JUDGMENT :

Subhash Chandra Sharma, J.

1. Heard Sri Jitendra Singh, learned counsel for appellant Kripa Shankar Dubey, Sri Manvendra Singh, learned Advocate for the appellant Uma Shankar Dubey and Sri Rupak Chubey, learned A.G.A. for State and perused the record.

2. These appeals emanate from the judgment and order dated 18.02.2009 passed by Additional Session Judge/Special J. E.C. Act, Fatehpur in S.T. No.169 of 2006 (State vs. Kripa Shanker Dubey and another) arising out of Case Crime No.213 of 2005, under Section 302 read with Section 34 I.P.C. sentencing the appellants with life imprisonment and fine of Rs.10,000/-and in default of payment of fine to undergo additional one year rigorous imprisonment by each and in S.T. No.170 of 2006 (State vs. Kripa Shanker Dubey) arising out of Crime No.218 of 2005, under Section 25 Arms Act, Police Station Lalauli, District Fatehpur whereby the appellant Kripa Shanker Dubey has been sentenced with two years rigorous imprisonment with fine of Rs.1000/-and in default of payment of fine to undergo additional six months rigorous imprisonment.

3. The prosecution case in brief is that on 22.12.2005 at about 8:00 P.M. an F.I.R. was lodged at the Police