(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 11-9- 2006 passed by Special Judge [S.C. & S.T. (Prevention of Atrocities Act)], Shivpuri in Special Sessions Trial No.108/2005, by which the appellant has been convicted under Section 302 of I.P.C. and under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and has been sentenced to undergo the Life Imprisonment for offence under Section 302 of I.P.C. and Life Imprisonment and fine of Rs.1000/- with default imprisonment for offence under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(2.) The necessary facts for the disposal of the present appeal in short are that Rajaram (P.W.1), lodged a Dehati Nalishi on 14-8-2005 at about 14:20, alleging that in the morning, he along with his brother Raghuvir, Vir Singh and a relative Badam had gone to cultivate the fields and for grazing of their cattle. Vir Singh was cultivating the field, whereas they were grazing their cattle. At about 11 P.M., the appellant came to the field of the deceased Vir Singh and left his buffaloes for grazing. The deceased Vir Singh objected to it, and drove the buffaloes of the appellant, out of his fields. The appellant became furious and started abusing and scolded that how the appellant, who belongs to Khangar Caste, could drive the buffaloes of Thakurs out of his field. When the deceased objected to it, then the appellant, with an intention to kill the deceased, assaulted him by means of an axe as a result of which, the deceased Vir Singh, fell down. Thereafter, the appellant gave another 2-3 axe blows on the head of the deceased. The complainant, his brother and relatives ran towards the place of incident. The appellant, thereafter, ran away. The complainant and other witnesses, found that the deceased Vir Singh had already expired. The appellant had assaulted the deceased Vir Singh, knowingfull well, that he belongs to Khangar Caste. The dead body is lying in the field. On this complaint, R.C. Bhoj (P.W.4) recorded the Dehati Nalishi, and informed the S.D.O. (P) about the incident. Mohinder Kanwar (P.W.9) reached on the spot. The F.I.R. was registered. The police after completing the investigation, filed the charge sheet against the appellant for offence under Section 302 of I.P.C. and under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(3.) The Trial Court, framed the charges under Sections 302 of I.P.C. and under Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
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