JUDGMENT : – This Criminal Appeal under section 374 of Cr.P.C. has been filed against the judgment and sentence dated 17-11-2011 passed by Sessions Judge, Datia in Sessions Trial No. 87/2011, thereby convicting the appellant for the following offences :–

Conviction U/s	Sentence	Fine	Default (in lieu of fine)
302 of IPC	Life Imprisonment	Rs. 5,000/-	3 months SI
25(1)(1-B)(a) of Arms Act	1 year	Rs. 1,000/-	1 month SI
27 of Arms Act	3 years RI	Rs. 1,000/-	1 month SI

All the sentences shall run concurrently.

2. The necessary facts for disposal of the present appeal in short are that on 25-3-2011, at about 11:15 in the night, the complainant Shyam Kumar Tiwari, his younger brother Rammohan Tiwari (deceased), Laxman Purohit and Balveer Thakur were returning back from the house of their relative Anand Belpatri. As soon as they passed in front of Supermarket and came near the shop of Manoj Sen, it is alleged that Manoj Sen was standing there alongwith two unknown persons. After looking at the deceased Rammohan Tiwari, the appellant-Manoj S