LALLU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by judgment dated 18.12.2006 passed by the Special Sessions Judge, Damoh in Sessions Trial No.68/2002, whereby the appellant Lallu has been found guilty of an offence punishable under section 302 and 324 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989'), and has been sentenced to life imprisonment with fine of Rs.5,000/-; R.I for one year with fine of Rs.1,000/- and Life imprisonment with fine of Rs.5,000/- and in default thereof further R.I for six month, one month and six months respectively has been imposed upon him.

(2.) It is pertinent to note that appellant no.1 Kashiram had also been convicted of an offence punishable under section 323 of the Indian Penal Code, but his name has been deleted from the array of appellants by order dated 21.3.2007.

(3.) The prosecution case, in brief, is that on 5.6.2002 when Rachna (P.W-3) was filling water at the public tap, appellant Lallu, co-accused Kashiram and Gokul entered into an altercation with her and her brother Amar (PW-1). According to the prosecution story, Kashiram pushed Amar who fell down whereupon Amar raised an alarm pursuant to which his father the deceased Hariram and his mother Champi Bai (PW-6) rushed to the spot and confronted the appellant. According to the prosecution, appellant Lallu thereafter ran to his house, brought an axe and firstly inflicted an injury on the right hand of Champi Bai (PW-6) and thereafter delivered two blows on the head of Hariram due to which he fell down on the spot and died.