ORDER 1. Leave granted. 2. This appeal arises out of the impugned judgment and order dated 20th August, 2016 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.7117 of 2006 whereby the High Court has dismissed the appeal preferred by the appellant and confirmed the conviction under Section 302 IPC and sentence of life imprisonment. 3. The facts in brief need mention for disposal of this appeal are as follows:- On 30th April, 2005 one Samar Singh s/o Shri Suresh Singh, had gone to purchase some articles on bicycle from market of village Bhawanipur. When he was returning from market around 5:00 p.m. on bicycle, he was being followed at some distance by Amar Singh son of Vijay Bahadur Singh and Brij Bhan Singh son of Ram Autar. Certain cemented pipes were lying on the road at some place 1 kilometer away to the southern side of village Bhawanipur where the appellant was lying in ambush. He came out of the aforesaid pipe and hurled bomb upon Samar Singh as a result of which Samar Singh fell down from his bicycle and the appellant came close to him and fired from close range on the back of his neck due to which Samar Singh died on the spot. Because of explosion of bomb, Amar Singh, and the another co-villager who was also following the deceased sustained injuries. The motive for committing crime has been suggested to be old enmity between families of the deceased and the appellant. The appellant after committing the murder fled away towards village Badlepurwa. The incident was witnessed by Amar Singh (PW-3) and Brij Bhan Singh (PW-2). They could not catch the appellant because of fear of weapon which the appellant was possessing. 4. On the basis of the first information report, a case was registered against the appellant under Section 302 IPC at Crime No.315 of 2005 at Police Station Gursahaiganj, District Kannauj on 30th April, 2005 at 20:05 p.m. 5. The appellant was prosecuted for commission of the offence of murder of Samar Singh (deceased) by hurling bomb and then firing from behind the neck of the deceased with country made pistol due to which he died. 6. By order dated 6th November, 2006, the learned First Additional Sessions Judge, Kannauj found the appellant guilty under Section 302 IPC and awarded him sentence of life imprisonment. 7. 6. By order dated 6th November, 2006, the learned First Additional Sessions Judge, Kannauj found the appellant guilty under Section 302 IPC and awarded him sentence of life imprisonment. 7. On appeal, the High Court came to the conclusion that testimony on record qua circumstances are sufficient to establish and prove charge under Section 302 IPC against the appellant beyond reasonable doubt and upheld the sentence of life imprisonment awarded by the sessions court. 8. We have heard the learned counsel for the parties and have also perused the evidence, impugned order and the order of the Sessions Judge. 9. Having gone through the entire evidence on record and in the facts and circumstances of the case, we are inclined to concur with the reasoning and the conclusion arrived at by the High Court as well as the trial court. 10. However, it is brought to our notice that the appellant has so far undergone almost twelve and a half years of jail sentence and he still remains in jail undergoing his sentence. 11. The appellant on completion of his mandatory jail sentence as provided in law will always be at liberty to apply for his release on remission to the State as per Rules applicable to such release and the State will be at liberty to consider his case on its merit in accordance with law. 12. With these observations, the appeal fails and is accordingly dismissed.