Biren Vaishnav, J.

1. Original accused in Special Case No. 150 of 2005, has approached this Court challenging the judgment and order dated 30.09.2006, by which, the accused has been convicted for the offences punishable under Section 302 of the Indian Penal Code and under Section 3(2)(5) of the Atrocities Act. The judgment was rendered by the learned Additional Sessions Judge, Second Fast Track Court, Palanpur. The case of the prosecution, as is evident from the charge framed at Exh. 6 is as under:

1.1 The accused Paresh was married to one Trupti Parmar on 24.04.2003. On differences having surfaced in their matrimonial life, they separated on 12.01.2004. Nanjibhai Karsanbhai Parmar and Pravinbhai V Parmar, was looking for a suitable match for Trupti and the deceased-Chandrakant Jeevanlal was the individual, with whom it was decided that Trupti would get engaged. According to the prosecution, the fact that Trupti was to be engaged was not to the liking of accused Paresh, and therefore, on 16.09.2005, he left Ahmedabad for Deesa, purchased a knife from a store of one Kantilal Dhinganmal Shah, looked for Chandrakant, accompanied him to his room in the evening at 5 and stabbed him to death. The prosecution case further is that, it was Maksoodbhai, who had guided the accused to Chandrakant, when he had come to inquire of him. A charge, accordingly, was framed implicating the accused Paresh for the offences committed under Section 302 of the IPC, Section 135 of the Bombay Police Act and Section 3(2) (5) of the Atrocities Act.

2. The First Information Report at Exh. 11 was filed on 16.09.2005, by Chintan Vasantkumar Panchal, who was a room partner and shared room with Chandrakant-the deceased. According to the version in the complaint, he together with Ashokbhai Gunvantlal, Modh Parth Ratilal and Chandrakant-the deceased, were staying at a room of Shri Ramabhai Jodhabhai Patel. On 16.09.2005, at around 9 O'clock in the morning, all four of them left for their respective jobs, as they were serving as Vidya-Sahayaks in different schools. On way to their workplace, Chandrakant briefly stopped at the STD/PCO of Navinbhai and made a call, which according to the complainant's version as explained to him by Chandrakant got disconnected, and therefore, he could not complete the conversation. All four of them, thereafter, from the bus-stand separated. In the evening at 5:30, when Chintan- the Complainant returned to the room, on opening the door of the room he found Chandrakant's body lying in a pool of blood. On seeing this, he called Natwarbhai Barot, next door neighbour and Sanjaybhai Patel and other shop keepers. In the meantime, the other room partners arrived on the scene. According to the complainant, one Hareshbhai Soni and Chelabhai Patel, who had shops in the vicinity informed him that he had seen Chandrakant in the company of an individual, who was wearing a black trouser. Both, Chandrakant and this individual went to the room, the person wearing the black trouser came down the stairs and left. Complaint/First Information Report is at Exh. 11.

3. Chintan Panchal-the Complainant was examined as prosecution witness 1 at Exh. 10. He has in his deposition stated that he was staying in a room of Ramabhai and, Ashok Gunvantlal, Parth Modh and Chandrakant Parmar were also staying together in the same room. Chandrakant was serving at Kesharpura Primary School. There were two rooms, one was used as Kitchen and one as bed room. Natwarlal Barot was a next door neighbour.

3.1 On the date of the incident, at 10:00 in the morning, all the four left together for their job, briefly stopped at the STD/PCO of Navinbhai, where Chandrakant made a call. Thereafter, all of them went to their respective schools to attend to their jobs. Chandrakant left for Kesharpura, while he left for Asaasan. Parth left for Jadeshwar Mahadev Primary School at Laakhani and Ashokbhai went to Mafi Farm Primary School. On leaving School at 05:00, at 05:30 in the eveni