JUDGMENT :

Umesh Chandra Sharma J.

1. Heard Shri I.K. Chaturvedi, learned Senior Advocate assisted by Shri Saurabh Chaturvedi, learned counsel for the appellants, Shri Ashok Kumar Pandey, learned counsel for the informant and Shri Vikas Goswami, learned A.G.A. for the the State and perused the record.

2. This appeal has been preferred against the judgment and order dated 2.1.2014, passed by Additional Sessions Judge/Special Judge S.C./S.T. (Prevention of Atrocities) Act, Meerut, whereby the learned Trial Court convicted the appellants/accused persons under Section 302/34 I.P.C. and Section 3 (2) (5) of The S.C. and S.T. (Prevention of Atrocities) Act, 1989, and awarded life imprisonment and fine of Rs.5,000/-each under Section 302/34 I.P.C., 10 years rigorous imprisonment and fine of Rs. 30,000/-each under Section 3 (2) (5) of The S.C. and S.T. (Prevention of Atrocities) Act, 1989, and in default of payment of fine they have to undergo three months simple imprisonment each under Section 302/34 I.P.C. & Section 3 (2) (5) of The S.C. and S.T. (Prevention of Atrocities) Act, 1989, out of Rs. 30,000/-Rs. 25,000/-had to go to Smt. Sushma, widow of the deceased. Accused Subhash was acquitted under Section 25 of the Arms Act in S.T. No. 614 of 2007 (State Vs. Subhash), Police Station-Lalkurti, District-Meerut, against which no appeal has been preferred by the State.

3. In brief the facts of the case are that on 8.3.2007, informant Narendra Bhan, moved a Tehrir before S.H.O. Lalkurti, Meerut at 11:30 A.M., that due to land dispute, Satendra Kumar and Subhash, sons of Babu Ram Sharma, with an intention to kill his brother fired upon him when he was coming to office at about 10.00 A.M. Both the miscreants were riding a motorcycle and his brother was on a scooter bearing No. UP 15 K-0927. He was admitted in Jaswant Rai Hospital; it was requested to take appropriate action.

4. On the basis of the Tehrir, a case under Section 307 I.P.C, & Section 3 (2) (5) of The S.C. and S.T. (Prevention of Atrocities) Act, 1989, bearing Case Crime No. 64 of 2007, was registered. Thereafter, the scooter of the deceased and a bullet was taken into possession from the spot. A map/site plan of the occurrence was prepared and medical report was obtained from Jaswant Rai Hospital. After death of the injured inquest report was prepared and Senior Sub Inspector (S.S.I) Umesh Chandra Yadav sent the dead body of the deceased for post-mortem and letters to Chief Medical Officer (C.M.O.) and Reserve Inspector (R.I.) Police Line, Meerut, were also sent. Photo Nash and Challan Lash were also prepared and accused were arrested and sent to Jail. After taking them on police custody remand they were taken for recovery of the crime weapon. An illegal revolver of 38 bore, an empty cartridge form its barrel and two live cartridges of the said bore were recovered on the pointing out of accused Subhash from near the broken boundary of R.V.C. Farm, kept in white polythene. Accused Subhash admitted before the police that this was the revolver from which he fired at Bijendra Bhan and thereafter hid it there. An attempt was also made to recover weapon from the accused Satendra but in vain.

5. As per the prosecution version the recovery memo was prepared and copy thereof was provided to the accused Subhash and a map of the place of recovery was also prepared and after obtaining prosecution sanction charge-sheet was prepared and filed under Section 25 of the Arms Act, along with, charge-sheet under Section 307, 302 I.P.C. and Section 3 (2) (5) of The S.C. and S.T. (Prevention of Atrocities) Act, 1989, and a report from Forensic Science Laboratory, Agra, U.P. was also obtained and the same was kept on record.

6. Cognizance was taken by the concerned Magistrate on both the charge-sheets and both the cases were committed to the Court of Sessions on 19.6.2007. On 28.9.2007 charge was frame