SATENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(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 dtd. 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 Sec. 302/34 I.P.C. and Sec. 3 (2) (5) of The S.C. and S.T. (Prevention of Atrocities) Act, 1989, and awarded life imprisonment and fine of Rs.5,000.00 each under Sec. 302/34 I.P.C., 10 years rigorous imprisonment and fine of Rs.30,000.00 each under Sec. 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 Sec. 302/34 I.P.C. and Sec. 3 (2) (5) of The S.C. and S.T. (Prevention of Atrocities) Act, 1989, out of Rs.30,000.00 Rs.25,000.00 had to go to Smt. Sushma, widow of the deceased. Accused Subhash was acquitted under Sec. 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.