JUDGMENT :

Umesh Chandra Sharma, J.

1. Heard Sri Apul Misra, learned counsel for all the accused-appellants, Sri Vikas Goswami, learned AGA for the State and perused the record.

2. Criminal Appeal No.2916 of 2018 has been preferred against the judgment and order dated 04.04.2018 passed in ST No.642 of 1996 (State of UP Vs. Allau and others) arising out of Case Crime No.121 of 1996, by Sri Santosh Kumar Tiwari, Additional Sessions Judge-II, Azamgarh by which the trial court convicted the accused persons namely Allau under Section 148 IPC for fine of Rs.3,000/-, under Section 302 IPC for life imprisonment and fine of Rs.25,000/-, under Section 307 /149 IPC for five years rigorous imprisonment and fine of Rs.5,000/-; accused Saddik under Section 148 IPC for fine of Rs.3,000/-, under Section 302 /149 IPC for life imprisonment and fine of Rs.25,000/-, under Section 307 IPC for five years rigorous imprisonment and fine of Rs.5,000/-; accused Gufran under Section 148 IPC for fine of Rs.3,000/-, under Section 302 /149 IPC for life imprisonment and fine of Rs.25,000/-, under Section 307 /149 IPC for five years rigorous imprisonment and fine of Rs.5,000/-with default stipulation. It was also directed that all the sentences shall run concurrently.

3. Out of the above three convicts Allau has died and accused Gufran and Saddik are alive and are on bail.

4. Since accused Allau has died, hence Criminal Appeal No.2010 of 2018 had been abated vide order dated 11.01.2019.

5. Accused Ishtiyak has preferred Criminal Appeal No.4700 of 2019 against the judgment and order of conviction and sentencing dated 27.06.2019 passed in ST No.642-A of 1996 ( State of UP Vs. Ishtiyak ) arising out of Case Crime No.121 of 1996, by Sri Gaurav Kumar Srivastava, Special Judge (SC/ST Act), Azamgarh by which the accused Ishtiyak was convicted under Section 148 IPC for Rs.3,000/-as fine, under Section 302 /149 IPC for life imprisonment and Rs.25,000/-as fine, under Section 307 /149 IPC for five years rigorous imprisonment and Rs.5,000/-fine with default stipulation and an amount of

6. In brief, facts of the case are that informant Jagdish son of Ram Singar Harijan moved a written complaint dated 21.04.1996 at Police Station Kotwali Deogaon, District Azamgarh that in the night of 21.06.1996 at about 12:45 a.m. Allau, Ismidar, Gufran, Ishtiyak, Jahid and Saddik who have enmity with Kalpnath of his village on account of a litigation in which scuffle had taken place last year and he had testified himself, reached at his door with country-made pistol and revolver and exhorted to kill him. In the meantime, Allau fired at his brother Faujdar which hit him. Hearing the hue and cry villagers Nandlal, Vikrama and other villagers reached there. By then Saddik with an intention to kill him fired upon him from which he narrowly escaped. The incident was seen by several persons present on the spot. Abusing them the accused persons had returned. Keeping the injured Faujdar on the cot when he was coming to the police station, Faujdar fell unconscious on the way (Faujdar later on succumbed). Hence, FIR be lodged and necessary action be taken.

7. On the basis of above written complaint an FIR at Crime No.121 of 1996, under Sections 147 , 148, 149, 302, 307, 504, 506 IPC and Sections 3(1)(x), 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short ‘the SC/ST Act’) had been lodged at 01:50 a.m. on 21.06.1996. The investigation offi