JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – Present criminal appeal has been filed by appellant Kuldeep Singh Rajawat, challenging the judgment of conviction and sentence dated 13th May, 2011, passed by First Additional Sessions Judge to the Court of Special Judge and First Additional Sessions Judge, Bhind (MP) in Sessions Trial No. 164 of 2007, by which he has been convicted under section 302 IPC and sentenced to undergo Life Imprisonment with a fine of Rs. 2,000/-; with default stipulation.

2. Prosecution case, in short, is that on 1-5-2007 at about 11:00 a.m., Pramod Kumar Sharma (PW9) along with his brother (deceased Sanju alias Shyamsunder) and one of relatives, namely, Ramesh Kumar Sharma (PW6) had gone from his house situated at Chaturvedi Nagar, Bhind to Lahar and after he left deceased Sanju and Ramesh Kumar Sharma, at Lahar Chaurah, he proceeded to his Office. At that time, accused Kuldeep along with co-accused persons Mauni and Toni, on a motorcycle came there and juvenile co-accused Kuldeep, who was having a mouser rifle (315 bore gun) and Mauni Tomar, who was having a gun, got off from said motorcycle and told to the deceased Sanju to discuss something with him and took