Pratyush Kumar, J. - (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: "That on 24th April, 1998 at 7.35 A.M. Dhani Ram R/o villager Maniyapur, P.S. Safipur handed a written report at the police station stating therein that 9 months ago his co -villager Ram Kishore along with Shiv Prasad alias Panda had enticed away his wife. After 14 days he brought his wife back from Punjab, thereupon they threatened him that he would not be spared. Due to fear he left his village and started to live with his family in village Gumaria, Mauja Dadlaha. Kusherdeen R/o village Maniyapur also became annoyed with him for that. In the intervening night of 23rd/24th April, 1998 he was sleeping with his wife Urmila under a chappar and his daughters Guddi aged about 14 years, Neelam aged about 10 years and Nirmala aged about 8 years and son Kuldeep after taking their dinner were sleeping on 2 cots in the courtyard. He wore white clothes and his daughter Guddi also wore white clothes. At about 2 A.M. on the sound of fire he and his wife awoke and after turning on flash light saw that in the courtyard Ram Kishore armed with 12 bore countrymade pistol, Shiv Prasad alias Panda and Khushardeen armed with country -made pistols were standing there. Mean time Ram Kishore, mistaking his daughter to be him and, in order to kill him fired from his countrymade pistol. He and his children raised hue and cry thereupon all the three miscreants passing through northern side made good their escape. He, his wife Urmila, daughters Neelam and Nirmla and other neighbours saw the occurrence. Guddi had died on the spot and Neelam was seriously injured."
(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.;