J U D G M E N T

N.V. ANJARIA, J.

Leave granted.

2. The present appeal by the appellant-convict is directed against judgment and order dated 04.02.2025 of the High Court for the State of Telangana at Hyderabad, in Criminal Appeal No. 1111 of 2017. Thereby, the High Court confirmed the conviction and sentence against the appellant recorded by learned Special Sessions Judge for Trial of Offences Under SC/ST (Prevention of Atrocities) Act-cum-VII Additional District & Sessions Judge, Ranga Reddy District at L.B. Nagar in SC/ST S.C. No.51 of 2014 and held the appellant guilty of commission of offences under Sections 302 and 323 of the Indian Penal Code, 1860¹Hereinafter, “IPC”. and under Sections 3(2)(v) and 3(1)(x) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989²Hereinafter, “SC/ST Act”..

2.1. The appellant was sentenced to life imprisonment and was further required to pay a fine of Rs. 5000/- in respect of his conviction for the offence under Section 302, IPC. For the offence under Section 323, IPC, the appellant was sentenced to six months’ simple imprisonment. For the offence under Section 3(2)(v) of SC/ST Act, the appellant came to be sentenced to life imprisonment and a fine of Rs. 5000/- with default stipulation to undergo three months simple imprisonment. In respect of the offence under Section 3(1)(x) of SC/ST Act, he was further sentenced to imprisonment of six months and to pay a fine of Rs. 2000/- and in default of payment of fine, to suffer further one month simple imprisonment. All the sentences were directed to run concurrently.

3. The prosecution case was inter alia that on 12.05.2013 at around 8:30 in the morning, the deceased named Shiva Shankar, along with his friend Narendar-PW3 was passing nearby the house of the appellant. Noticing them, the appellant questioned about Shiva Shankar’s returning to the village. It was stated that earlier on 14.02.2013, deceased Shiva Shankar had eloped with appellant’s younger sister aged 18 years. They both, however, returned to the village on the very next day. It was stated that in view of the said incident of elopement, a Panchayat was held in the village and that it was decided in the Panchayat that deceased Shiva Shankar would go out of the village Ogipur, and the girl would stay at her parental house. In that view, Shiva Shankar went to stay at Ekmai Village of Basheerabad Mandal to start living with his maternal uncles-PW2 and another.

3.1. It was the further prosecution case that despite the aforesaid decision of the Panchayat, the deceased came back to village Ogipur to attend the wedding of his friend and when he was passing near the house of the appellant on the day of the incident, the appellant confronted him. It was stated that a quarrel took place between the appellant and the said Shiva Shankar, in a heat of temper. The appellant took a shabad stone sized 6 inches in length, 4 inches in width and 3 inches thick, and started beating Shiva Shankar with the said stone.

3.1.1. It is the prosecution case that Narendar-PW3 who had been accompanying Shiva Shankar went to the place of mother of the deceased named Padmamma-PW1 to inform her. Padmamma-PW1, having come to know about the incident, rushed to the scene of the offence. It was claimed that when she intervened, she also suffered injuries below her left eye. It was further stated that in course of these happenings, PW1 was abused by the appellant with a casteist slur.

3.1.2. PW1 took her son-injured Shiva Shankar to the Government Hospital, Tandur, where the injured was given first aid, thereafter, was advised to go to the General Hospital, Hyderabad for further treatment. When Shiva Shankar was being shifted to the Hyderabad Hospital, he died on the way succumbing to his injuries.

3.1.3. The appellant as well as the deceased belonged to the same village Ogipur of Ranga Reddy District. The appellant was a member of the backward class community known as ‘Mudiraj’, whereas the