Eyewitness accounts cannot be disregarded solely due to witness relations; the intent behind injuries determines the charge under IPC, leading to a reduction from murder to culpable homicide.

1. This appeal is directed against judgment dated 30-11-2007 passed by Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act, 1989') and Additional Sessions Judge, Durg in Special Case No. 37/2006. By the impugned judgment, accused / appellant Santosh Sahu has been convicted under S.302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 3 months.

2. Case of the prosecution, in brief, is as under:
Deceased Rakesh was Mahaar by caste, belonged to Scheduled Caste. On 2-5-2006, Pardeshiram (PW - 1) was going on a motorcycle along with Banti Sukhdeve (PW - 2) and deceased Rakesh via Subhash Chowk to drop Banti Sukhdeve (PW - 2) at Mogara Dafai. At about 10:30 p. m., when they reached near Mahua tree situated at Purana Bazar, the appellant stopped them and said that he wanted to talk with deceased Rakesh lonely (sic). The deceased stepped down from the motorcycle, whom the appellant took away at a distance of 5 steps. Pardeshiram (PW - 1) and Banti Sukhdeve (PW - 2) remained sitting on the motorcycle. The appellant said the deceased that the boys of Subhash Chowk were 'chhakke', and assaulted the deceased with a knife. The appellant gave one blow on the stomach and two blows on the back of the deceased with the knife. Having smeared with blood, the deceased fell down. The appellant fled with the knife. At that time, Niru Sahu and Chandu Halba reached there. Pardeshiram (PW - 1) told them that the appellant assaulted the deceased with the knife and fled. Pardeshiram (PW - 1) and Banti Sukhdeve (PW - 2) took the deceased to Dr. Mathai's Clinic situated at Subhash Chowk, from where the deceased was taken to B. S. P. Hospital, Rajhara for treatment, where Dr. Aniruddha Mene (PW - 6) declared the deceased dead. Pardeshiram (PW - 1) lodged Merg Intimation (Ex. P - 1) in Police Station Rajhara, on the basis of which, First Information Report (Ex. P - 2) was recorded in Police Station Rajhara. The Investigating Officer reached the place of occurrence, gave notice (Ex. P - 13) to Panchas and prepared inquest (Ex. P - 14) on the dead body of the deceased. The dead body of the deceased was sent to Government Hospital, Rajhara for post mortem examination vide Ex. P - 15, where, post - mortem was conducted by Dr. Yashwantrao Tumade (PW - 11), who gave his report (Ex. P - 15A). He found -
(i) first punctured wound in hypogastric region, \"4x2\" in area
(ii) second punctured wound on the left side back, 6 cms depth
(iii) third stabbed wound on left scapula region, 3.5 cms in depth. The left epical lobe of lung was punctured.
He found 3 grievous punctured wounds caused by a knife, in which one was stab injury on the right side of hypogastric region. He opined that the cause of death of the deceased was the first injury and the death was homicidal in nature.
In further investigation, memorandum statement of the appellant was recorded under S.27 of the Evidence Act vide Ex. P - 5 and at his instance, chaku (knife) was seized vide Ex. P - 6. Plain soil and blood stained soil were seized from the place of occurrence vide Ex. P - 4. Blood stained T - shirt, full pant, barmuda and chaddi of the deceased were seized vide Ex. P - 7. Blood stained half - shirt of the appellant was also seized vide Ex. P - 8. Caste certificate of the deceased was also seized vide Ex. P - 10. The Investigating Officer prepared sit