KUSEHRIDEEN AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal filed on behalf of the appellants is directed against judgment and orders dated 23.2.2006 passed by Sri Ashok Kumar Tripathi, the then Additional Sessions Judge/Special Judge (S.C.S.T. Act) Unnao in two combined Special Trial Nos. 167 of 1998 (State v/s. Kushehari Deen and others) and 307 of 1998 (State v/s. Ram Kishore) arising out of Case Crime No. 98 of 1998, under Ss. 302/307 IPC and Sec. 3(2)(V) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1988 (hereinafter referred as the S.C.S.T. Act) and relating to P.S. Safipur, District Unnao, whereby they were convicted and sentenced under Sec. 307 IPC read with 34 IPC for life imprisonment and fine of Rs. 1,000/ - each in default of payment of fine further six months imprisonment, under Sec. 302 IPC read with Sec. 34 IPC for life imprisonment and fine of Rs. 2000/ - each, in default of payment of fine further one year's imprisonment and under Sec. 3(2) (V) S.C.S.T. Act for life imprisonment, all the sentences were directed to run concurrently.

(2.) In the instant appeal facts of the prosecution case may be summarized as under:

(3.) At this chick FIR was scribed, case crime No. 98/98 under Ss. 302/307 IPC and 3(2)(V) SC/ST Act was registered at P.S. Safipur. Its entry was made in the report of the general diary and the investigation was taken over by the circle officer, who after investigation submitted the charge sheet against all the three named accused persons. In the special court the appellants were charged under Ss. 307/34, 302/34 IPC and Sec. 3(2)(V) SC/ST Act, which they denied and claimed to be tried.