NAND LAL RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 17.07.2001, passed by Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, Bilaspur (C.G.), in Special Criminal Case No. 17/2000, wherein the said Court convicted appellants No. 1 to 4 for charge under Sections 225/34, 186/34, 294 and 506 of Indian Penal Code and sentenced them to undergo S.I. for 2 years each and to pay fine of Rs. 200/- each, S.I. for 9 months each, Fine of Rs. 200/- each, S.I. for 1 year, respectively with default stipulations. Further the said Court convicted appellants No. 5 and 6 for charge under Section 332 and 332/34 of IPC and sentenced them to undergo, S.I. for 2 years each, and fine of Rs. 200/- each, respectively with default stipulations.

(2.) As per prosecution case, there was traffic jam in the fair at Baradwar on 12th December of 1999. In that fair one bus came from Korba side and due to the traffic jam it could not pass through the fair. When rush of the fair reduced, driver of the bus tried to get the bus through the fair but due to the wire hanging near a betel shop (Pan Dukan) causing hurdle in the traffic, the bus could not get through. On request, the shop- keeper refused to remove the said wire. At the same time the station House Officer of Police Station Baradwar namely K.S. Dhruv, reached the spot and asked the shop-keeper to remove the wire. At that very time, accused Rishi Rai and Anand Rai also reached to the spot and assaulted the Station House Officer with fist and when the said police officer was taking Anand Rai and Rishi Rai to the Police Station, rest of the accused persons came there, abused the station House Officer K.S. Dhruv and took the accused Anand Rai and Rishi Rai from the custody of the Station House Officer. Matter was reported and charge-sheeted and convicted them as mentioned above.

(3.) Learned counsel for the appellant submits as under:-