(Delivered by Hon'ble Rekha Dikshit, J.)

1. This appeal assails the correctness of the judgment and order dated 15.06.2012 passed by Special Judge, SC/ST Act, Bareilly, in State of U.P. Vs. Nekpal and others whereby the Special Judge has convicted the appellants-accused namely, Nekpal, Harish alias Bablu and Mahesh and sentenced them to undergo life imprisonment under section 307 read with section 34 I.P.C. and also to pay a fine of Rs.20,000/- each half of which shall go to the injured Omprakash. If they fail to deposit the fine they will undergo additional imprisonment for one year each.

2. Narrated consicely, prosecution case against the appellants is that on 13.02.2009 around 05:30 pm in the evening the informant, Omveer along with his uncle Omprakash son of Dhakan Lal, was returning from Faridpur to his house on motorcycle of his uncle. The informant was driving the motorcycle and his uncle was at the back seat. As soon as they reached the telephone tower near Dwarkesh Sugar Mill Bhagwanpur, Phulwa, accused Nekpal son of Ram Bharose, Harish alias Bablu and Mahesh both sons of Nekpal came on a motorcycle from behind. Mahesh was driving the motorcycle Nekpal and Harish