JUDGMENT :

Alok Kumar Verma, J.

The present Appeal has been filed by the appellant against the judgment dated 17.09.2014, passed by the learned Additional District and Sessions Judge, Laksar, District Haridwar in Sessions Trial No.212 of 2009, “State vs. Sonu and Others”, by which, the appellant has been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, ‘IPC’) and has been sentenced to undergo imprisonment for life along with a fine of Rs.10,000/- in default of payment of fine, the defaulter convict is directed to undergo further simple imprisonment for a period of six months.

2. Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that the informant Satya Pal (PW1) had lodged an FIR (Ext.Ka.3) through his written information (Ext.Ka.1) that on 26.04.2009, his father Amar Singh was doing his duty of gate keeper at the railway gate of Village Kudi Bhagwanpur from 06:00 p.m. to 06:00 a.m. At around 10:30 p.m., he (informant) was going with his uncle Kaliya to give tea to his father. He saw Pitamber and his sons Shravan Kumar, Saurav Kumar and Sonu (appellant) coming from the Ra