JUDGMENT :

Ramesh Sinha, J.

(A) Introduction

1. Three accused persons, Sarafat, Noor Mohammad and Ajay, were tried by the Additional Sessions Judge/F.T.C.-4, Lakhimpur Kheri in Sessions Trial No. 879 of 2004 : State Vs. Sarafat and two others, arising out of Case Crime No. 130 of 2004, under Sections 302, 504, 506 Indian Penal Code, 1860 (in short, "I.P.C.") and Section 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, "S.C./S.T. Act"), Police Station Nighasan, District Kheri.

2. Vide judgment and order dated 14.12.2009, the learned Additional Sessions Judge/F.T.C.-4, Lakhimpur Kheri, acquitted Sarafat, Noor Mohammad and Ajay, for the offences under Sections 504, 506 (2) I.P.C. and Section 3 (2) (v) of the S.C./S.T. Act, however, convicted and sentenced them under Section 302 read with Section 34 I.P.C. to undergo life imprisonment and fine of Rs.7,000/- each. In default of payment of fine, to undergo additional two years imprisonment.

3. Aggrieved by their aforesaid conviction and sentence, convicts/ appellants, Sarafat and Noor Mohammad, preferred before this Court Criminal Appeal No. 61 of 2010, whereas convict/appellant Ajay p