BALLU @ BALRAM Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant Ballu @ Balram S/o Kalyan Lodhi R/o Village Dhuravli, Thana Kurwai, District Vidisha under the provisions of Section 374 of Cr.P.C. being aggrieved by the judgment and sentence dt.30.11.2007 passed by the Court of Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Special Case No.29/2007.

(2.) The appellant was charged under the provisions of Section 302 of IPC and Section 3(2)(5) of Atrocities Act. During trial, the appellant was acquitted from the offence under the provisions of Atrocities Act, however, he has been convicted under Section 302 with life imprisonment and fine of Rs.1,000/- and in default of payment of fine, the appellant is required to undergo one month's additional R.I.

(3.) As per the prosecution story, deceased Kallu @ Gyarsa was a person belonging to SC category and was resident of village Dhuravli. On 19.12.2006, at about 11.00 a.m. when the deceased was at his home alongwith his daughter Ku.Vineeta (P.W.1) and her younger brother Arjun and his wife had gone to Indore and his elder son Karan Singh (P.W.5) had gone to play out, accused Ballu @ Balram had visited house of the deceased and asked him to accompany him to his house for a puff of Bidi. When deceased had not returned for some time, then Ku.Vineeta (P.W.1) alongwith her young brother Arjun (P.W.6) had visited house of the appellant, which is at a distance of 2-3 houses from the houses of the deceased and found that house of the appellant was locked from inside and cries of their father to save him from attack of the appellant were heard. They returned back home and in the meanwhile, the elder son of the deceased Karan Singh (Ex.P/5) had returned back after his play and when they reached the house of the appellant, Karan Singh opened sankal (chain) from the cracks of the door and found their father to be lying dead in the blood pool.