JUDGMENT :

Suneet Kumar, J.

1. Heard Ms. Mary Puncha (Sheeb Jose), learned counsel assisted by Mohd. Kalim, learned counsel for the appellant, Shri Om Prakash Mishra, learned Additional Government Advocate and perused the lower court record with the assistance of the learned counsel for the parties.

2. The instant appeal has been filed against the judgment and order dated 21.04.2015 and conviction order dated 24.04.2015, passed by the learned Sessions Judge, Banda in Session Trial No. 84 of 2011, whereby, appellant has been convicted under Section 302 IPC and sentenced to life imprisonment with a fine of Rs. 10,000/-. In case of the default of payment, the appellant will have to undergo further 2 years simple imprisonment; appellant has been further convicted under Section 201 IPC and sentenced to 3 years rigorous imprisonment with a fine of Rs. 3000/-. In case of the default of payment, the appellant will have to undergo further 1 month simple imprisonment.

3. As per the prosecution version, around 12.00 noon on 15.06.2011, appellant came to the house of complainant, Shatrughan Singh (