[Per: Hon’ble V.K. Bist. J.]

This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 16th May, 2006 passed by Addl. Sessions Judge/1st Fast Track Court, Roorkee, District Haridwar in Sessions Trial No. 208 of 1998 ‘State vs. Veer Singh and others’, whereby accused/appellant Sandeep has been convicted under Section 302 with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.) and has been sentenced to undergo rigorous imprisonment for life with fine of’ 1,000/- under Section 302 with Section 34 I.P.C., and in default of payment of fine further rigorous imprisonment for a period of three months has been awarded. The learned trial Court vide the same judgment and order acquitted co-accused Veer Singh and Dharamveer of the charge of offence punishable under Section 302 and Section 34 I.P.C. The trial Court, in the connected Sessions Trial No. 209 of 1998 ‘State vs. Sandeep’, acquitted accused/appellant Sandeep of the charge of offence under Section 25 of Arms Act. The matter against the co-accused Mintu was remitted to the Juvenile Justice Board by the trial Court, vide its