1. This criminal appeal under S.374(2) of CrPC is directed against the impugned judgment dated 21/04/2015 passed in Special Case No. 05/2013 whereby learned Special Judge (Atrocitiy) Rajnandgaon has convicted the appellant / accused for offences punishable under S.302 and S.323 of IPC and S.3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 and sentenced for the period as shown in the table below:
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2. Case of the prosecution, in brief, is that on 23/11/2012 at about 09:00 PM at Village Thakurtola, the appellant herein assaulted Chhabilal with a laathi with the intention of causing his death knowing fully well that he was a member of Scheduled Tribes due to which Chhabilal suffered grievous injury on his head and died instantaneously. The appellant also assaulted Arjun Yadav (P.W.1), who tried to intervene, and inflicted simple injuries upon him and thereby, committed the aforesaid offences.

3. Further case of the prosecution, in brief, is that on 23/11/2012, Arjun Yadav (P.W.1) lodged merg intimation (Ex. P / 1A) at Police Station Khadgaon stating that at about 9 PM, when he reached the house of Dhiraji (P.W.2) he found that Dhiraji and deceas