Hon’ble Amar Singh Chauhan, J.—Challenge in this appeal is to the judgement and order dated 21.8.2009 passed by the Additional Sessions Judge/Fast Track Court No. 3, Jalaun at Orai in ST No. 67 of 2006, whereby the appellant Lakhan Singh has been convicted and setnenced to ten years rigorous imprisonment under Section 307 IPC and a fine of Rs. 3000/-, life imprisonment under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as “SC and ST Act”) and a fine of Rs. 1000/- with default stipulation.

2. In short compass the facts giving rise to the present appeal are that an application was moved by Chaturbhuj, son of Shri Sumer, resident of Minaura, Kalpi, police station Kotwali Orai which was addressed to the Inspector-In-charge of the police station Kotwali, Orai at 8.00 p.m. on 10.6.2006 mentioning therein that when his father was sitting on the cot in front of his house alongwith several other persons of the family, at that time Lakhan, son of Radhey, who is inimical to them, came there armed with country made pistol and with an intention to kill, fired at his father. The bullet hit his father below his shoulder due to which his father became injured. The incident was witnessed by the informant, his dauther Surekha and his aunt Ramiya.

3. On the basis of the aforesaid report, a case was registered against the accused-Lakhan Singh under Section 307 IPC, which was entered in GD vide report No. 27 on 10.6.2006 at 11.30 p.m.. After the registration of the case, the injured was sent to the District Hospital, Orai through police for his medical examination.

4. On 11.6.2006, another application was given to the In-charge, police station Kotwali by one Bhagwan Das, son of Mani Ram to the effect that he belongs to scheduled caste (Chamar). On 10.6.2006 at about 8.00 a.m., Lakhan Singh Lodhi, with an intentionn to kill, fired at Sumer in his presence. He alongwith other persons of the locality, while taking the accused to Orai, then Lakhan Singh Lodhi, Brijendra Singh Lodhi, Pradhan and Jagat Singh armed with gun and country made pistol again arrived there and after beating them with the butt of the gun, took them to their house and with an intention to kill, they fired at them, due to which they received injuries. They kept them confined in the house throughout the night and using caste derogatory language, they were saying that if they will depose in favour of Sumer, their fate will be the same as of Sumer. At the time of incident, his brother Ravindra, Jamuna Das and other persons also arrived at the spot. It is further stated in the report lodged by Bhagwan Das that they managed to escape, but whereabouts of Ghamandi is not known.

5. On the basis of the aforesaid report, no separate case was registered, but the facts given in this application was clubbed with the facts given by the informant Chaturbhuj in his application.

6. After the registration of the case, the investigation of the case was entrusted to SI Sushil Kumar, PW-6. This witness has stated that on 11.6.2006 he was posted at the police station Kotwali. After the case was entrusted to him for investigation, he copied the report lodged by the injured Sumer from CD, medical report of the injured and recorded the statement of the chik writer Constable Brijesh Kumar. He also recorded the statement of the informant Chaturbhuj and inspected the spot on his pointing out and prepared the site plan, which was proved by this witness as Ext. Ka-5. This witness has also recorded the statement of eye-witnesses Surekha and Prahlad and entered the same into case diary. As case under Section 3(1)10 of SC and ST Act was also disclosed, the investigation was stopped by him and further investigation was done by the Circle Officer.

7. PW-5 is Asha Ram Yadav, Circle Officer, Nagar, Orai. He deposed that he perused the case diary written by SI Sushil Kumar. As, prima facie case under Section 307, 504, 506 IPC was made