VINOD KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 3/03/2007 passed in S.T. No. 23/2006. Appellant was prosecuted for commission of offence punishable under Section 302 and 3 (2)(v) of S.C./S.T. (Prevention of Atrocities) Act. The trial Court acquitted the appellant from commission of offence punishable under Section 3 (2)(v) of S.C./S.T. (Prevention of Atrocities) Act and convicted the appellant under Section 302 of I.P.C. and awarded the sentence of life.

(2.) The prosecution story in brief is that Bhupat and his brother Govind used to work on a trolley of fruits on commission basis which was of the ownership of Mr. Vinod Jain the accused. Deceased Govind was residing in a room along with the accused. He was also performing the job of selling fruits and he used to pay the amount which he received after selling fruits to the appellant. Between the night of 1/03/2006 and 2/03/2006 at around 12:00 clock. Bhupat and Manoj was in the room. At that time, deceased Govind and accused Vinod came in the room after attending the marriage. Thereafter, Bhupat, Govind and Vinod went to Pan Gumti for taking a pan. At that place, appellant was abusing Govind. He told him that due to his action, his fruits were rotten and he was not paying the money.

(3.) Govind told him that he had given the money. Thereafter, both came in the room. After sometime, Govind told that he would return back from station after eating something. When Govind, Manoj and Bhupat were going to station, appellant came there and he had caused an injury by knife to deceased Govind. He was taken to Hamidia hospital where he was declared dead. F.I.R. was lodged. Thereafter, police conducted investigation and filed charge-sheet. Appellant abjured his guilt during the trial and pleaded innocence. The trial Court convicted the appellant and awarded the sentence.