DAULATRAM SADRAM TELI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of the Division Bench of the Chhattisgarh High Court, dismissing the appeal filed by the appellant. Challenge in the appeal was to the judgment of the learned Special Judge, Raipur, in S.T. No.53/2000 who found the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short IPC) and Section 3(2)(v) of the Schedule Castes and Schedule Tribes (Atrocities) Act, 1989 (in short the Atrocities Act). Life sentence was imposed in respect of the offence under Section 302, IPC, however, no separate sentence was imposed for the offence relatable to Section 3(2)(v) of the Atrocities Act.

(3.) Prosecution version, in a nutshell, is as follows : On 20-8-2000 at about 6 p.m. Bholaram (PW-3) lodged a report in the Police Station Basna before Station House Officer D.K. Sharma (PW-9) to the effect that today at about 3 p.m. when he along with his father was digging groundnuts in their agricultural field, the accused-Daulatram and Nepal entered their agricultural field carrying axe in their hands. Damodar was also there. Accused Daulatram and Nepal started abusing in the name of the mother. They attacked his father with axe whereas accused Damodar was after him carrying sickle in his hand. He ran towards the village. On the way, Sahdev Teli met him. After reaching the village, he informed his sister Rohnibai and Parshuram. Thereafter, he along with Parshuram went to the village Devri and informed his uncle Dhoop Singh.