By the Court.—Heard Sri Adarsh Kumar, learned counsel for the appellant, Sri Sageer Ahmad, learned AGA for the State/respondent and perused the record.

2. This criminal appeal has been filed by the appellant Pream @ Bheem @ Pavan Kumar Yadav against the judgment and order dated 16.8.2016, passed by Special Judge, SC/ST Act /Additional Sessions Judge, Fatehpur, in Special S.T. No. 30 of 2012 (State v. Prem and others) arising out of Case Crime No. 257 of 2011, by which the appellant has been convicted and sentenced to imprisonment for life under Section 307 IPC and Section 3(2)(v) of Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 and a fine of Rs. 5,000/- and in default of payment of fine six months additional rigorous imprisonment.

3. The brief facts of this case are that on the basis of written report (Ex. Ka-1) given by the injured Manoj Kumar at Police Station Khaga, District Fatehpur on 19.9.2011 at 7:30 p.m., in respect of an incident, which had allegedly taken place on the same day at about 6:00 p.m., in which, according to the informant, the appellant had inflicted fire-arm injury on him by firing at him with his country made pistol with t