GHASIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Case of the prosecution, in brief, is that accused/appellant No.1 Ghasiram had borrowed Rs. 50,000/- from victim Harishchandra (PW-1). It is alleged that on 31.10.2005, the victim/complainant went to the house of the appellants for demanding his money then appellant No.1 refused to give the same saying that even he sold his land but he would not be returned his money. It is also alleged that appellant No.1 and his two sons abused the victim, threatened to kill him and thereafter appellant Milap committed marpit on the back of victim with hands and fists. The victim stated the incident to village Panch namely Mohan(PW-4) and he arranged a meeting to pacify the incident but the appellants did not attend the same then the FIR (Ex.P1) was lodged by the victim (PW-1). After completion of investigation, charge sheet was filed against the appellants under Sections 294, 323, 506/34 IPC and 3(i)(x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act followed by framing of charge accordingly.

(2.) Learned Court below vide judgment impugned dated 28.06.2006 passed in Special Sessions Case No. 145/2005 acquitted the accused/appellants under Sections 294, 506 B IPC and 3(i)(x) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act but has held them guilty under Section 323 IPC with imposition of sentence of four days SI and to pay fine of Rs. 500/- each under Section 323 IPC. Hence, this appeal.

(3.) Counsel for the appellants submits that the appellants have not committed any offence and they have been falsely implicated in this case. He submits that the trial court has erred in convicting the accused/appellants on the sole testimony of Harishchandra (PW-1) as he is not a reliable witness and the conviction cannot be based on his uncorroborated testimony therefore, the findings arrived at by the trial Court is liable to be set aside.