Rajendra Mahajan, J.

1. Challenge in this appeal under Section 374 (2) of the Cr.PC is to the judgment and order dated 15.2.2006 delivered by the Sessions Judge Sessions Division Datia in Sessions Trial No. 61/2005, whereby and whereunder appellant Manoj @ Bablu has been convicted under Section 302 of the IPC and 25 (1-B) (A) read with 27 of the Arms Act and sentenced thereunder in the former count to suffer rigorous imprisonment for life with a fine of Rs. 5,000/- (Five Thousand) in default thereof to further undergo simple imprisonment for six months and in the latter count to suffer rigorous imprisonment for one year with a fine of Rs. 1,000/- (One Thousand) in default thereof to further undergo simple imprisonment for two months with the direction that the substantive jail sentences awarded in the aforesaid Sections of law shall run concurrently.

2. A synoptical resume of the prosecution case is as under:-

2.1 On the night of 20.12.2004 at about 9:50 pm complainant Sachanand (PW-2) made an oral FIR at Police Station Kotwali Datia to D.N. Sharma (PW-15), the SHO, to