TIHARU SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal has been heard through video conferencing.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 5.5.2006 passed by the Special Judge, Raigarh, constituted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in Special Case No.56/2003 convicting the accused/appellants as under: Conviction Sentence Under Section 323 of Indian Penal Code Fine of Rs.1,000/-, in default of payment of fine to undergo S.I. for one month. 2

(3.) Case of the prosecution, in brief, is that on the date of incident i.e. 3rd July, 2003 at about 5 pm near Primary School at VillageBade Mudpar, Dhaniram Sahu, Reshamlal, Prahlad Sahu, Kiritram, Madan Gopal, Thakur Sahu, Niranjan Sahu, Budhram, Itwar, Baratu, Tiharu, Mohan Marar and Ramdas Sahu, all the 13 accused persons were sitting. These accused persons were having club and bamboo stick in their hands. When on the date of incident, complainant Gajpati (PW-5), who lodged Dehati Nalishi on the same day vide Ex.P/26, along with his nephew Adalat and his wife Etwarinbai reached the place of occurrence, all the accused persons started abusing him filthily in the name of his caste saying Sale Chamra and they all were threatening to kill them. The accused persons assaulted by means of club and bamboo stick. When his nephew Shambhu, Vijay Kumar, Ajit, Ghasninbai were pacifying the dispute, they were also assaulted by the accused persons. On the basis of said Dehati Nalishi, FIR (Ex.P/68) was lodged at Police Outpost-Kosir on the same day under zero number under Sections 147, 148, 149, 323 of IPC and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against all the 13 accused persons. Thereafter, numbered FIR (Ex.P/58) was registered at Police Station-Sarangarh under Crime No.161/2003 for the said offences against all the accused persons.