ORDER :

Ram Surat Ram (Maurya), J.

1. Heard Sri C.L. Chaudhary, Amicus Curiae, for the appellant and Sri I.P. Srivastava, A.G.A. 1st, for State of U.P.

2. Ram Vishal Lohar has filed this appeal, from judgment of Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989]/Fast Track Court No. 2, Fatehpur dated 25.01.2011, passed in S.S.T. No. 49 of 2000, State of U.P. Vs. Ram Vishal Lohar [arising out of Case Crime No. 75 of 1999, under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the IPC) and Section 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Husainganj, district Fatehpur, convicting him under Section 302 I.P.C. and sentencing for imprisonment for life and fine of Rs. 8000/- with default stipulation.

3. On the written complaint (Ex-Ka-1) of Jagmohan (PW-1), FIR (Ex-Ka-6) of Case Crime No. 75 of 1999, under Section 307 IPC was registered on 18.05.1999 at 23:30 hours, at P.S. Husainganj, district Fatehpur, by Head Moharrir Subhash Chandra (PW-6) against Ram Vishal Lohar and two unnamed accused. It has been stated in the FIR that on 18.05.1999, the informant and his brothers Shivbodhan