KAMAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of judgment of conviction and order of sentence dated 22-9-2010 passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Durg, in Special Case No. 20 of 2009 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 25,000/- with default stipulation.

(2.) In the present case, name of the deceased is Kuleshwar @ Gabbar who was Gond by caste and a member of Scheduled Tribe whereas appellant is not a member of Scheduled Caste or Scheduled Tribe. It is alleged that on 2-2-2009 at about 1.30 pm one Neelkanth Sahu (PW/11), who was proprietor of the grocery shop situated at Dabrapara, North Bhilai -3, reached to his shop and saw that two boys namely Mangal Singh and Rockey were assaulting the deceased Kuleshwar @ Gabbar by clubs. When he shouted "what are they doing", both the culprits fled away from the spot. When he reached to the spot, he found that Kuleshwar @ Gabbar was lying dead on the ground. He reported the matter to Police Station, Old Bhilai and Dehati Nalsi (Ex.P/6) was written by the police after reaching to the spot. Merg intimation was also recorded and dead body was sent for autopsy which was conducted by Dr. B.N. Dewangan (PW/16) who opined that death is homicidal in nature. First information report was registered as per Ex.P/3 and certain articles were seized on the spot. Upon discovery statement of Mangal Singh, one club was seized and again upon discovery statement of Rockey, one club was seized whereas one shirt was seized from the appellant. As Mangal Singh and Rockey were juvenile, they were tried by the Juvenile Justice Board. Charge-sheet against the present appellant was filed to which he did not plead guilty, therefore, trial was conducted and after completion of trial, the trial Court convicted and sentenced the appellant as mentioned above.

(3.) Learned counsel appearing for the accused/appellant would submit as under: