TaxTMI 
TaxTMI 
2019 (8) TMI 1880
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....nder Section 302 Indian Penal Code and Under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the sentence of life imprisonment imposed upon him. 3. Brief facts which led to filing of this appeal are as under: On 14.08.2005 at about 11:00 AM, complainant-Rajaram (PW-1) along with his brother Raghuveer (PW-2), deceased Veer Singh and relative Badam Singh (PW-7) had gone to cultivate the fields and for grazing their cattle. When deceased Veer Singh was cultivating the field and others were grazing the cattle, Appellant-Accused Khuman Singh came to the field of deceased Veer Singh and left his buffaloes for grazing. Deceased Veer Singh objected to it and drove the buffaloes of the Appella....
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....d three eye witnesses viz. Rajaram (PW-1), Raghuveer (PW-2) and Badam Singh (PW-7) who have spoken about the occurrence and R.C. Bhoj, Police Incharge (PW-4), who has recorded Dehati Nalishi (Ex.-P1), Dr. Pradeep Sharma (PW-5) who has conducted post-mortem on the dead body of deceased and other witnesses. Upon consideration of evidence, the trial court held that the prosecution has proved the guilt of the Accused beyond reasonable doubt and vide judgment dated 11.09.2006 convicted the Appellant-Accused Under Section 302 Indian Penal Code and sentenced him to undergo life imprisonment. Since the deceased was a Scheduled Caste, the Appellant-Accused was also convicted Under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevent....
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....ibes (Prevention of Atrocities) Act and the sentence of imprisonment imposed upon the Appellant does not call for any interference. 6. We have heard Dr. J.P. Dhanda, learned Counsel appearing on behalf of the Appellant and Ms. Pragati Neekhra, learned Counsel appearing for the State of Madhya Pradesh and perused the impugned judgment, evidence and other materials on record. The point falling for consideration is whether the conviction of the Appellant-Accused Under Section 302 Indian Penal Code and Under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is sustainable? 7. Rajaram (PW-1) and Raghuveer Singh (PW-2) are the real brothers of deceased Veer Singh. Badam Singh (PW-7) is the real brother ....
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....remeditation for the occurrence and because of the grazing of the cattle, in a sudden fight, the occurrence had taken place. 9. The question to be considered is whether the act of the Appellant-Accused would fall under Exception 4 to Section 300 Indian Penal Code? Exception 4 to Section 300 Indian Penal Code can be invoked if death is caused: (a) without premeditation; (b) in a sudden fight; (c) without the offender having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed. In the present case, the Appellant-Accused and the deceased exchanged wordy abuses on which, Appellant gave the deceased blows on his head causing six head injuries. Where the occurrence took place sudden....
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.... an axe. Calling of the deceased by his Caste name is admittedly in the field when there was a sudden quarrel regarding grazing of the buffaloes. 12. From the evidence and other materials on record, there is nothing to suggest that the offence was committed by the Appellant only because the deceased belonged to a Scheduled Caste. Both the trial court and the High Court recorded the finding that the Appellant-Accused scolded the deceased Veer Singh that he belongs to "Khangar" Caste and how he could drive away the cattle of the person belonging to "Thakur" Caste and therefore, the Appellant-Accused has committed the offence Under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Section 3 of the sa....
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....ence of evidence to that effect, Section 3(2)(v) of the Atrocities Act been applicable then by operation of law, the sentence would have been imprisonment for life and fine. As held by the Supreme Court, the offence must be such so as to attract the offence Under Section 3(2)(v) of the Act. The offence must have been committed against the person on the ground that such person is a member of Scheduled Caste and Scheduled Tribe. In the present case, the fact that the deceased was belonging to "Khangar"-Scheduled Caste is not disputed. There is no evidence to show that the offence was committed only on the ground that the victim was a member of the Scheduled Caste and therefore, the conviction of the Appellant-Accused Under Section 3(2)(v) of....