JUDGMENT :

Ajai Tyagi, J.

1. This appeal has been preferred against the judgement and order dated 27.11.2014 Sessions Judge, Hamirpur in Session Trial No.9 of 2009 (State Vs. Surendra Kumar) arising out of Case Crime No.02 of 2008 under Section 302, 323 IPC, Police Station- Chikasi, District-Hamirpur, whereby the accused-appellant was convicted under Section 302 IPC and sentenced to imprisonment for life with fine of Rs.20,000/- and in case of default of payment of fine, to undergo further imprisonment for two year and under Section 323 and sentenced to one year with fine of Rs.1,000/- and in case of default of payment of fine, to undergo further imprisonment of three months.

2. The brief facts as cull out from the record are that a first information report was lodged by informant Sanjay Kumar at Police Station- Chikasi, District- Hameerpur on 02.01.2008. At about 7:15 pm, the informant was going to his quarter after having the tea at the gate of police station. At that time constable Surendra Kumar of the same police station- Chikasi came with the rifle in his hand and started ab