MOHAMMAD RAFIQ,J. - (1.) This appeal is directed against judgment dated 13.02.2013 passed by Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Cases, Jaipur (for short 'the trial court') whereby the trial court while acquitting the accused- appellant of the charge under Section 3(2)(v) of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act , has convicted him for offence under Sections 302 and sentenced to life imprisonment with fine of Rs. 2,000/-, in default of payment of fine to further undergo six months' simple imprisonment.
(2.) Facts of the case are that Jitendra Kumar Bunkar (P.W.1) submitted a written report (Exhibit P-1) on 17.07.2010 to SHO, Police Station Govindgarh, District Jaipur alleging therein that on 17.07.2010, Smt. Shanti Devi wife of Madan Lal, who is son of his uncle came to his house at 1.00 A.M. in the mid night and told him that Madan Lal had not returned back to home. She requested the informant to search him out. Daughter of the informant, Deepa awakened her uncle Lal Chand who then along with Jitendra went in search of Madan. First of all, they went towards Power House and then towards liquor shop where they awakened Girdhari Kumawat who used to run a canteen nearby and asked him about Madan. He told that Madan possibly would have gone towards Tejaji to take his wife. When these persons were returning home, they found dead body of Madan lying on the open land in front of Power House with his face up side down. Then they then went back to their house and brought Sohan, his father Prabhu Narain and brother Kajodmal. Information was given to the police on phone. There was no apparent injury visible on the body of Madan but 'dupatta' was found around his neck. In the morning they learnt that Surendra Kumar Bunkar had seen Madan in the liquor shop in the evening of previous day and at that time Girdhari Kumawat and Kamlesh Kumawat were also present there. All these facts were told to them by Surendra Kumar Bunkar.
(3.) On the basis of the aforesaid written report, the police registered FIR No. 183/2010 (Exhibit P-2) for alleged offence under Sections 302 IPC and investigation commenced. Upon completion of investigation, the police submitted charge sheet against the accused-appellant in the court of concerned Judicial Magistrate. The offence being exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the court of learned Special Judge, Scheduled Castes/Scheduled Tribes (Preventon of Atrocities) Jaipur. The learned trial court, after hearing the arguments on charge, framed charges against the accused-appellant for offence under Section 302 IPC and Section 3(2)(V) of the SC/ ST Act . The accused-appellant denied the charges and claimed to be tried. During trial, the prosecution examined as many as 23 witnesses and got exhibited 48 documents in support of its case. Thereafter, the accused- appellant was examined under Section 313 Cr.P.C. in which he denied the prosecution case and stated that he has been falsely implicated in this case without any connecting or corroborating evidence. In defence, no evidence was produced but three documents were exhibited. Upon completion of trial, the trial court vide impugned judgment dated 13.02.2013 though acquitted the accused-appellant of the charge under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, but convicted the accused- appellant for offence under Section 302 IPC and sentenced him in the manner as indicated above.;