JUDGMENT :

R. BANUMATHI, J.

1. Leave granted.

2. This appeal arises out of the judgment dated 02.02.2018 in Criminal Appeal No.799 of 2006 passed by the High Court of Madhya Pradesh at Gwalior Bench in and by which the High Court affirmed the conviction of the appellant-accused under Section 302 IPC 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 appellant-accused out of his field on which, appellant became furious and started abusing and scolding the deceased that how the deceased who belongs to Khangar Caste could drive away the buffaloes