JUDGMENT :

MD. SHABBAR RASHIDI, J.

1. The appeal is directed against the judgment of conviction dated December 21, 2019 and order of sentence dated December 24, 2019, passed by the learned Special Court under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, 1st Court, Suri, Birbhum in Spl (A) 02 of 2013.

2. By the impugned judgment of conviction and order of sentence, learned Trial Court convicted the appellant for the offences punishable under Sections 324/307/302/458 of the Indian Penal Code, 1860 and sentenced him to suffer rigorous imprisonment for a term of 3 years and to pay a fine of Rs. 2000/- and in default of payment of the fine to undergo rigorous imprisonment for a further period of 6 months for the offence punishable under Section 324 of the Indian Penal Code, 1860.

3. He was further sentenced to undergo rigorous imprisonment for 10 years and fine of ?. 4000/- and in default of payment of fine to suffer rigorous imprisonment for further one year for the offence punishable under Section 307 of the Indian Penal Code, 1860.

4. The appellant was further sentenced to rigorous imprisonment for 10 years and fine of Rs. 4000/- and in default of payment of fine to suffer rigorous imprisonment for further one year for the offence punishable under Section 458 of the Indian Penal Code.

5. The appellant was also sentenced to suffer rigorous imprisonment for life and fine of Rs. 10,000/- and in default of payment of fine to suffer rigorous imprisonment for another period of two years for the offence punishable under Section 302 of the Indian Penal Code,1860. All sentences were directed to run concurrently.

6. The appellant was, however, found not guilty and acquitted of the offences punishable under Sections 459/326 of the Indian Penal Code, 1860 and Section 3 (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

7. One Tapan Ghosh lodged a written complaint with the officer in charge Sainthia police station to the effect that he was a permanent resident of Bolpur Mission compound. His native home was at Konarpur within Sainthia police station. He had appointed one Bhutnath Tudu to look after his ancestral properties. It was further stated in the written complaint that on October 26, 2012, in the night, Bhutnath Tudu and his wife Dulo Tudu were sleeping in his house at about 10.30 in the night. At that time, Subrata Ghosh entered into the house jumping over the boundary wall with criminal conspiracy and dragged Dulo. When Bhutnath went to rescue her, hearing her screams, Subrata assaulted him with a sharp cutting weapon (Bogi) on Bhutnath’s neck. Subrata assaulted Dulo Tudu in a scattered manner after Bhutnath fell on the ground in bleeding condition. Thereafter Subrata fled away.

8. The villagers took both Bhutnath and Dulo to Bolpur sub-divisional hospital finding them with bleeding injuries. Dulo succumbed to her injuries. The written complaint also disclosed that Subrata Ghosh was teasing and giving illicit proposals to Dulo Tudu during the immersion of the Idol and there was an altercation between him and Bhutnath. The de facto complainant visited Bolpur Sub-divisional Hospital and lodged the written complaint after having talks with the villagers and Bhutnath.

9. On the basis of such written complaint Sainthia PS case No. 134/12 dated October 27, 2012 under Sections 302/307 of the Indian Penal Code, 1860 and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, was started against the appellant.

10. The police took up the investigation and on completion of such investigation, submitted a charge sheet against the appellant on December 21, 2012. Accordingly, charges under Sections 458/459/324/326/307/302 of the Indian Penal Code, 1860 and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 were framed against the appellant on March 18, 2013. The appellant pleaded not guilty to the charges and claimed