JHUMUKLAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1-8-2001 passed by Special Judge, Bastar at Jagdalpur, in Sessions Trial No. 144/2000 convicting the accused/appellants for the offences punishable under Sections 294 and 506 -II IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentencing each of them to undergo rigorous imprisonment for one month and pay fine of Rs. 100 u/s. 294, rigorous imprisonment for one year and pay fine of Rs. 200 u/s. 506-II IPC and to undergo rigorous imprisonment for one year and pay fine of Rs. 500 u/s. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, plus default stipulations. Case of the prosecution in brief is that on 8-11-2000 a written report (Ex. P-1) was lodged by one Shiboram (PW-1) alleging that on 7-11-2000 at about 10 a.m. when he had gone to the field of the accused/appellants to serve the notice of Panchayat of village Bade Alnar and Seoni, the sword was shown to him who after seeing the same ran away from the spot. While he was running away, the accused/appellants chased him saying "Muriya Sale Jaan Se Marenge". It is also alleged in the complaint that the accused/appellants also used abusive language in the name of Panchayat. On the basis of this written report an enquiry was conducted by the police and on 29-11-2000 FIR (Ex. P-7) was registered against the accused/appellants.

(2.) So as to hold the accused/appellants guilty, prosecution has examined 7 witnesses in support of its case. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case. This apart, statements of Jhumuklal (DW-1) and Ganesh Baghel (DW-2) were also recorded by the defence in support of its case.

(3.) After hearing the parties the trial Court has convicted and sentenced the accused/appellants for the offence as mentioned above.