ASHISH @ BANTI SEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of judgment dated 17 th April, 2007 passed by the Court of Special Judge [SC/ST (Prevention of Atrocities) Act], Bhopal in Special Case No.17/2006, whereby the trial Court convicted the appellant for the offences punishable under Sections 302 and 324 of the IPC and sentenced for life imprisonment with fine of Rs.1,000/- and R.I. for one year with fine of Rs.1,000/- respectively along with default stipulations.

(2.) The prosecution story in brief is that in the intervening night of 14th and 15th November, 2005 one Vijay informed the complainant Bhimrao that the appellant committed murder of Vinod. Hence, the complainant Bhimrao and his family members went to the house of appellant situated at Panchsheel Nagar and found that Vinod was lying dead. One Anil Tatya was also present there, who has been assaulted by the appellant. He informed that the appellant killed Vinod by inflicting blows of stone on his head. Bhimrao lodged the FIR at Police Station, T.T. Nagar, Bhopal. After investigation, charge sheet has been filed against the appellant for the offences under Sections 302 and 307 of the IPC.

(3.) The trial Court framed charges under Sections 302 and 307 of the IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The appellant abjured guilt and claimed to be tried. The trial Court relied the testimonies of injured eye-witnesse Anil (PW-5) and eye-witness Vijay (PW-