JUDGMENT :

SAMIT GOPAL, J.

1. This Criminal Appeal has been preferred against the impugned judgment and order dated 28.11.2013 passed by the Additional Sessions Judge/Special Judge (SC/ST Act), Varanasi in Special Sessions Trial No. 260 of 2011, State of U.P. vs. Kaladhar Chaubey, whereby the appellant has been convicted and sentenced under Section 302 I.P.C. to life imprisonment with fine of Rs. 10,000/- and in default of fine to undergo further six months rigorous imprisonment, under Section 201 I.P.C. to three years rigorous imprisonment with fine of Rs. 2,000/- and in default of fine to undergo two months rigorous imprisonment and, under Section 3(2)(5) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 to undergo life imprisonment and a fine of Rs. 10,000/- and in default of payment of fine to undergo six months rigorous imprisonment. Sentences have been ordered to run concurrently. It has further been ordered that the period of incarceration prior to the judgment shall be set off against the sentence of imprisonment.

2. The prosecution case as per the first information report lodged by Indrajeet PW-1 the first informant who is a resident of village Hathiy