SHANKER TELI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed on 17.11.2008 against the judgment dated 31.10.2018 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "the SC/ST Act"), Chhatarpur in Special Case No.122/2007. The Court below convicted the appellant for the offence under section 302 of IPC and sentenced him to undergo life imprisonment with a fine of Rs.2000/- with default stipulation.

(2.) As per prosecution case, Devideen Prajapati S/o Har Prasad Prajapati is residing at Village Khero, Police Station Matgavan , District Chhatarpur. His brother Laxman was residing at Village Magron, District Damoh since 12 years back. On 16.5.2007 Laxman came to the house of his brother Devideen Prajapati. After leaving his bag in the house of brother, he had gone to recover the amount of loan from accused Shankar Teli. When Laxman was talking with neighbour Heerabai Kori between 8:30 to 9:00 p.m. at the door of her house, Shankar (accused) came there with Ballam. Laxman asked to Shankar to return back his money, then the accused used filthy language and caused injury by the help of Ballam. Laxman fell down and his brother Devideen reached there to rescue his brother then the accused fled away towards the bus stop with Ballam. Devideen found that his brother Laxman was expired. Upon hearing the sound, brother Halke and other neighbours also reached there.

(3.) After the incident, Devideen reached to the Police Station Maatguan and lodged the Merg Intimation No.11/2007 Ex.P.1 and also loged the first information report Ex.P.2 at 23:25 in the night. Police registered Crime No.37/2007 under section 302 of IPC and section 3(2)(v) of the SC/ST Act.