HUTU ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The appellants were charged under Sec. 447 of the Indian Penal Code, 1860 ["the I.P.C."] and Sec. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ["the SC & ST Act"]. The Trial Court convicted the nine accused arraigned by the prosecution and sentenced them to undergo simple imprisonment ["S.I."] of three months under Sec. 447 of the I.P.C. and S.I. of two years under Sec. 3 of the SC & ST Act with a fine of Rs.3,000.00 and default sentence of S.I. of one month each. In the appeal filed, the Learned Single Judge of the High Court converted the sentence to six months S.I. under SC & ST Act and three-month S.I. under Sec. 447 of the I.P.C.; which were to run concurrently. Accused nos. 1 to 3, 6 and 9 are the appellants in the above case.

(3.) We heard Mr. Braj Kishore Mishra, learned counsel for the appellants and Mr. Vishnu Sharma, learned standing counsel for the respondent.