NARAD PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal challenges the correctness of the final Judgment and Order dated 27.11.2018 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.1101 of 2002.

(3.) The appellant was tried in Special Case no.13 of 2002 on the file of the Special Judge, Raigarh, Chhattisgarh for having committed offences punishable under Sections 294, 506-B of IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("the Act", for short). It was alleged that during the night intervening 30.09.2001 and 01.10.2001 the appellant had cut the hedge (Medh) of the paddy field of complainant Deshiram as a result of which the field of Deshiram went without any water. A Panchayat was called on the next day i.e. on 01.10.2001 in which the appellant allegedly abused complainant Deshiram and his brother Shyam Sunder and threatened to kill them. It was alleged that appellant abused said complainant Deshiram and his brother who were members of a Scheduled Tribe and thereby committed offence under Section 3(1)(x) of the Act. During the trial, certain witnesses who had attended the Panchayat Meeting were examined and the Special Judge, Raigarh by his judgment and order dated 23.09.2002 found the appellant guilty of the offences under Section 294 IPC and Section 3(1)(x) of the Act. The appellant was sentenced to suffer rigorous imprisonment for three months on the first count and for six months under the second count with further imposition of fine and default sentence. The appellant was however acquitted of the charge under Section 506 IPC.