ORDER

Per: Justice Vivek Agarwal

These appeals are filed by the accused persons being aggrieved of judgment dated 18.3.2026 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District Sidhi in S.C.A.T.R No. 77 /2023 whereby learned trial Court has convicted and sentenced the accused persons as under:

2. It is submitted that there was a sudden altercation on account of old enmity due to land dispute between the parties. Allegation is that on 19.6.2023 a report was lodged at Police Station AJAK Sidhi as contained in Exhibit P-1 to the effect that on 18.6.2023 Sheshmani Saket had gone to village Bairiyha. He was returning back at 9.00 p.m. When he was few steps away from his house away from his house then allegation is that as soon as Sheshmani Saket reached in front of house of Raghunath Saket on account of old enmity, Balkaran Saket, Chhote Saket and Lalmani Saket with a common intention surrounded him and had abused him and then Sheshmani had beaten him with a Lathi which turned out to be fatal. Case Crime No. 06/2023 was registered under Section 341, 294, 323, 506, 34 I.P.C and under Section 3 (1)(r), 3(1)(s) and 3 (2)(v-a) of SCST (Prevention of Atrocities) Act as contained in Ex. P-2.

3. Sheshmani Saket was admitted at District Hospital Sidhi and information was sent vide Ex. P-19. His M.L.C was prepared vide Ex. P-28 and thereafter a query was put as to whether the injured was capable of giving his statement or not. On 29.6.2023, Sheshmani Saket died at S.G.M.H Rewa. Postmortem was conducted. F.S.L report is Ex. P-48, postmortem report is Ex. P-24 and spot map is Ex. P-26.

4. Thus, it is submitted that firstly as far as two other accused persons, viz., Chhotelal Saket and Balikaran Saket are concerned there are general and omnibus allegations against them. They have been falsely implicated. Secondly it is submitted that even if all the allegations as have been levelled by the prosecution are accepted as it is then in view of the testimony of M.L.C doctor P.W.-7 Dr. Santosh Kushwaha who had found only one injury on the front portion of the head measuring 2 x 3 c.m. as corroborated by Postmortem Doctor P.W.-10 Dr. D.K. Mishra, who opined that cause of death was depressed fracture of left parietal bone. It is submitted that since it is a case of single injury, altercation had taken place suddenly and too in front of the house of one of the accused persons, i.e., deceased Sheshmani Saket was aggressor, exception to Section 300 will be attracted and, therefore, prayer is made to alter conviction from one under Section 302 I.P.C to Section 304 I.P.C.

5. It is also submitted that there is no angle of altercation taking place merely because Sheshmani Saket was belonging to a particular caste. Genesis of altercation was in a land dispute between the parties and, therefore, the trial Court has erred in wrongly applying provisions of Section 3 (1)(r) and 3 (1) (s) read with Section 3 (2) (v-a) and 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

6. Shri Abhishek Singh, learned Public Prosecutor in his turn opposes the prayer and submits that as per the F.S.L report (Ex. P-48) though no human blood was found but since eye-witness account corroborates the use of Lathi by one of co-accused Lalmani, no indulgence is called for.

7. After hearing learned counsel for the parties and going