BAISAKHURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Fir (Ex.P-2) registered on the basis of written report (Ex.P-1) given by complainant Janakram (PW-1) goes to show that on 23.08.2005 at about 10.00 PM, the accused/appellants gathered in satnami locality and started hurling abuses in general calling chamar, satnami and also exhorted them to come out of their houses. It is relevant to note that such filthy abuses including in the name of caste was not aimed at any individual. FIR (Ex.P-2) further discloses that the accused/appellants also started damaging a pole known as "Jaitkhamb". This offended the complainant (PW-1) at whose instance the FIR was registered against the accused/appellants under Sections 294, 506/34 and 3(i)(x) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. Investigation culminated in filing of the charge-sheet as also framing of charge under the same sections.

(2.) Learned Court below vide judgment impugned dated 01.03.2007 passed in Special Sessions Case No. 82/2006 acquitted the accused/appellants under Sections 506/34 IPC but has held them guilty under Sections 294 and 3(i)(x) Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and sentencing each of them with imprisonment for 1 month with fine of Rs. 500/- under Section 294 IPC and RI for six months with fine of Rs. 500/- under the Special Act plus default stipulations. Hence, this appeal.

(3.) Counsel for the accused/ appellants attacks the impugned judgment on the ground that though there is no evidence that the incident occurred at a place within the public view yet the court below has recorded the conviction of the accused/appellants under Section 3(i)(x) of the Special Act which is palpably illegal. Likewise, he also submits that the conviction under Section 294 is also not based on the proper appreciation of the evidence of the witnesses and is liable to be set aside.