LAXMI PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The incident is said to have arisen out of some land dispute between Mehtar Mahipal (PW-5) and one Kirti Kumar for which after giving an amount of Rs. 5,500/- an agreement to that effect was entered into between them on 12.07.1997. It is said that after the death of Kriti Kumar, the sale proceedings were carried forward to one of the co-sharer of the said land namely Ganesh son of Shiv Prasad and an amount of Rs. 65,000/- towards the deal and Rs. 10,000/- towards the registration expenses was given to Ganesh on different dates. When the registry of the said land could not be done for one reason or the other, Gangabai (PW-1) along with Jamuna Bai (PW-2) went to the house of the accused/appellants to persuade them for getting the registry done, both the accused/appellants herein who happened to be the real brothers started abusing her filthily and also refused to return the amount given to Kriti and Ganesh. Apart from this, both the accused/appellants also abused PW-1 in the name of caste calling her "Chamarin". Accused - Laxmi is also said to have jolted PW-1 as a result of which she fell down on the ground and suffered an injury on her left elbow. Written report (Ex.P-1) was lodged by Ganga Bai (PW-1) on 06.08.2003 on the basis of which FIR (Ex.P-2) was registered against the accused/appellants under Sections 294 , 323 IPC and Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the " Special Act "). During investigation statements of the witnesses under Section 161 Cr.PC were also recorded and after completion of investigation charge-sheet was filed against both the accused persons as per the FIR (Ex. P-2). The learned Court below however, framed the charge against the accused Laxmi under Section 3 (1) (x) of the Special Act and 323 IPC whereas against other accused Devnarayan the charge framed was only under the Special Act .

(2.) Learned Court below vide its judgment dated 23.12.2005 passed in Special Case No. 60/2004 convicted accused Laxmi under Section 3 (1) (x) of the Special Act and 323 IPC sentencing him to undergo RI for 6 months with fine of Rs.500 under the Special Act and to pay fine of Rs. 500/- u/s 323 IPC . However, other accused Devnarayan has been convicted only under the Special Act with imposition of sentence as has been awarded to accused Laxmi. Hence this appeal.

(3.) Learned counsel for the accused/appellants submits that though the prosecution has failed to prove the fact that complainant PW-1 belonging to the caste falling under the Scheduled Caste category yet learned Court below has held them guilty under Section 3 (1) (x) of the Special Act which is illegal and arbitrary. He submits that here the caste certificate has been issued by the Sarpanch of the concerned Gram Panchayat to the effect that the complainant belongs to Satnami caste yet on account of his non-examination in the Court below such certificate loses its evidentiary value particularly when no other document has been produced by the prosecution. He also submits that this caste certificate has been issued by the Sarpanch of the Gram Panchayat and not by the competent authority empowered by the State Government in this regard. Furthermore, the said Sarpanch has not been put to dock to be confronted in this respect. He further submits that from the record it appears that the incident had not taken place in public view which is one of the basic ingredients to hold one guilty under Section 3 (1) (x) of the Special Act , therefore, conviction of the accused/appellants under the special Act is liable to be set aside.