VINOD KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Case of the prosecution in brief is that on 12.09.2001 when son of complainant namely Jalandhar (PW-3) had gone to the river for bath, the accused/ appellant who was already there, pushed him in the waters. After returning home, he informed the same to his parents. It is alleged that when his father Ramchandra (PW-1) went to the accused to inquire as to why he pushed his son (PW-3) in the river, he got infuriated and started abusing him in the name of caste and also inflicted sword blows on his arm. It is further alleged that when wife of PW-1 namely Balibai (PW-2) came to intervene, the accused/appellant assaulted her too with the same sword. Subsequently, FIR (Ex.P-1) came to be lodged against the appellant on the basis of which offence under Sections 324 IPC and 3(i)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Special Act") were registered against him. After completion of investigation charge sheet was filed for the said offence followed by framing of charge accordingly.

(2.) Learned Court below vide judgment impugned dated 15.07.2002 passed in Sessions Trial No. 154 of 2002 acquitted the appellant of the charge under the Special Act but convicted him under Section 323 and 324 IPC with imposition of sentence of six months RI with fine of Rs. 300/- under Section 323 and RI for one year with fine of Rs. 700/- under Section 324 IPC, pulse default stipulations.

(3.) Counsel for the appellant submits that the judgment of conviction and order of sentence passed by trial court is arbitrary, illegal and contrary to the evidence collected by the prosecution. He submits that trial Court has acted illegally in holding the appellant guilty for the offence under Sections 323 and 324 IPC on wholly uncorroborated statement of complainant PW-1 and his wife PW-2.