JUDGMENT :

Ashwani Kumar Mishra, J.

1. This appeal is directed against judgment and order passed by the Additional Sessions Judge (Ex-cadre), Court No.20, Allahabad, dated 31.7.2012, in Sessions Trial No.99 of 2006, arising out of Case Crime No.152 of 2005 under Section 302 IPC, Police Station Khuldabad, District Allahabad as well as in Sessions Trial No. 100 of 2006, arising out of Case Crime No.169 of 2005, under Section 3/25 of the Arms Act, Police Station Khuldabad, District Allahabad, convicting the accused appellant under Section 302 IPC read with Section 3/25 of the Arms Act and sentencing him to rigorous imprisonment for life and Rs.5,000/- fine under Section 302 IPC and on failure to deposit the fine to undergo additional rigorous imprisonment for a year; five years imprisonment under Section 3/25 of the Arms Act and Rs.2,000/- fine and on failure to deposit the fine to undergo additional imprisonment for six months. All punishments are to run concurrently.

2. First informant in the present case is one Sudhir Kumar Dwivedi (PW-1) who has lost his brother Suresh Kumar Dwivedi in the incident in question. Prosecution case is that the deceased was going on his motorcycle on 18.7