(1.) THE Criminal Appeal arises out of the judgment dated 4.12.2002 in S.C.No.141 of 2002 on the file of the Principal Sessions Court, Vellore, whereby, the appellant-accused was convicted for the offence under Section 304 (Part 1) IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for six months. THE trial Court acquitted the accused of the charge under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(2.) THE case of the prosecution is as follows:
(3.) PER contra, learned Government Advocate (Crl. Side) appearing for the respondent-Police would contend that the alleged occurrence took place on 13.11.2001 at 1.45 p.m. Ex.P-1 complaint has been received by P.W.11 Inspector of Police at 4 p.m. on that day and so, there is no delay. The delay has been explained by P.Ws.1 to 3 and P.W.11 Inspector of Police. Learned Government Advocate further submitted that since the case is based on the evidence of the eye-witnesses, and P.Ws.1 to 3 are the eye-witnesses, even though they belong to the community of the deceased, but they are not relatives. So, there is no need to examine any other independent witnesses. It is not affecting the case of the prosecution. He further submitted that as soon as the case has been registered, the complaint/FIR was despatched, which was received by the concerned Court at 12 mid-night and since the deceased belong to SC/ST community, the law and order problem has arisen, and hence, the Police have to pacify the matter and so, the delay has been properly explained. The trial Court has considered all the aspects and came to the correct conclusion. The judgment of the trial Court does not suffer from any infirmity. To substantiate his submissions, he relied upon various decisions of Courts. He prayed for dismissal of the appeal.