JUDGMENT :

Ram Krishna Gautam, J.

1. This appeal under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) has been presented by convict appellant Dinesh @ Shiv Narain Lodh through Senior Superintendent, Central Jail, Naini, Allahabad under Section 383 of Cr.P.C. against judgment and order of conviction and sentence dated 06.02.2008 passed by Sri Mahesh Chandra Sharma, Additional Sessions Judge/Special Judge, Scheduled Caste and Tribe (Prevention of Atrocities) Act, Fatehpur passed in Special Sessions Trial No. 44 of 2004, State of U.P. vs. Dinesh @ Shiv Narain Lodh, arising out of Case Crime No. 80/04 under Section 302/201 of Indian Penal Code, 1860 (hereinafter termed as IPC) read with Section 3(2)(v) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (hereinafter termed as SC/ST Act) Police Station Kalyanpur, District Fatehpur, whereby appellant Dinesh @ Shiv Narain Lodh has been convicted and sentenced with life imprisonment and fine of Rs. 2,000/- and in default two years' additional imprisonment for an offence punishable under Section 302 of IPC; three years' rigorous imprisonment with fine of Rs. 1,000/- and in default s