(1.) In the instant appeal challenge has been made to the order of conviction under Section 302 of IPC and sentence to undergo rigorous imprisonment for life and fine of Rs.5000/-, in default of payment of fine, rigorous imprisonment for six months and also conviction under Section 323 of IPC and sentence to undergo rigorous imprisonment for two months. Both the sentences to run concurrently.
(2.) Police Station Satai has registered an offence punishable under Sections 294, 323, 307, 327 of IPC and under Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(3.) Prosecution case is that on 19.06.2003 at about 9 P.M. The appellant went to the house of Smt. Pan Bai where she was sitting alongwith her sister-in-law in the courtyard. The appellant asked her about her husband then she replied that he had gone to the house of one Tejaiya for celebration of marriage function. At that very moment the deceased Bhagola came back, the appellant asked him to pay Rs.5000/- as compensation of the report lodged by him against Sadhu Chamar. The deceased Bhagola requested the appellant that he could not make the payment of Rs.5000/-. It is alleged that the appellant kicked Smt. Paan Bai in her chest, she fell down and then the accused has took out a country-made pistol and fired on the stomach of the deceased as a result of the said injury he fell down and thereafter the wife of the deceased alongwith Shyama Bai went to the house of Kishore Singh who lodged a report through telephone. Thereafter, investigation was carried out.