Hon’ble J.J. Munir, J.—This jail appeal is directed against a judgment and order of Sri S.P. Arvind, the then Additional District and Sessions Judge/Special Judge (SC/ST Act), Kannauj, dated 5.8.2013 passed in Sessions Trial No. 231 of 1999, State v. Babloo @ Satyanarain (arising out of Case Crime No. 93/96), under Section 302/34 IPC and Section 3(2)(v) of the SC/ST Act, Police Station Tirwa, District Kannauj. By the said judgment and order, the learned Trial Judge has convicted the appellant, of offences punishable under Section 302 IPC and Section 3(2)(v) of the SC/ST Act, and, sentenced him in the following manner: (1) for the offence under Section 302 IPC, rigorous imprisonment for life, with a fine of Rs. 10,000/-; (2) for the offence under Section 3(2)(v) of the SC/ST Act, rigorous imprisonment for life, with a fine in the sum of Rs. 5000/-. Both sentences, have been ordered to run concurrently. In the event of default in payment of fine, imposed on the two counts, an additional term of simple imprisonment for three months, and, a month and a half, in that order, has been ordered.

2. Heard Sri Pradeep Chandra Tripathi, learned Amicus Curiae for the appellant and Sri Amrit Raj Chaurasiya, learned A.G.A. for the State, and, perused the record.

3. The prosecution case is that the elder brother of the first informant, and, now deceased, the late Subhash was employed as a agricultural labourer on the fields of one Krishna Dutt Paliwal, a native of the parties’ village. It is asserted that in the night hours he was engaged in thrashing of the harvested wheat crop on the thrasher, and, in the morning hours returned home, after a whole night’s work. He had settled down to rest when Paliwal’s son, Juglu alias Daya Shankar, came over to the informant’s home, at about 10 in the morning hours, and asked his brother, the deceased Subhash, to report back to work. To this, the deceased said that he was very tired, and, would not go back to work, right away. Upon those words, Juglu hurling abuses at his brother, took out his slippers that he employed to beat up the deceased, throwing him to the ground. This assault was objected to by the deceased, whereupon the informant, besides one Indal son of Banwari, and, another Bhikham son of Hiralal, both natives of his village, intervened and dissipated the altercation. Thereupon, Juglu went away home, abusing the deceased.

4. A little later, when the deceased alongwith others, was standing by the shop of one Moti Lal and talking amongst themselves, Babloo (the appellant), carrying a country-made pistol, Juglu carrying a knife, and, their father, Krishna Dutt Paliwal arrived, and, Paliwal exhorted his sons to assault, saying in vernacular, “Maro Salo Ko Bachne Na Paaye”. Hearing that, Juglu assaulted the deceased with his knife, whereas Babloo opened fire. The bullet hit the deceased in the chest and he collapsed to the ground, clutching his chest. The accused moved away homewards, holding out threats. While retreating, Juglu was heard to say, that they would see whatever is to come. The informant, while reporting the matter to the police said, that his brother was in a critical condition, and, natives of the village had arranged a vehicle and were conveying him to Kannauj. Necessary action by the police was requested. The written information aforesaid, is marked as Ex. Ka-1.

5. It is on the basis of the aforesaid written First Information that a case was registered on 13.4.1996, at half past mid-day, giving rise to Case Crime No. 93 of 1996, under Section 307 IPC and Section 3(2)(v) of the SC/ST Act. A chik FIR was drawn up at the Police Station, marked as Ex. Ka-4, the substance of which was recorded in the G.D. of the Station, marked as Ex. Ka-5.

6. The injured while being rushed to medical aid at Kannauj, was requisitioned by the police for a medico-legal examination of his in