SANTURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 08.04.2004 passed by learned Special Judge, S.C.S.T. Act, Bastar place Jagdalpur, C.G. in Sessions Trial No. 484/2003, whereby, the appellants stand convicted and sentenced as under:-

(2.) Case of the prosecution in brief is that on 30.07.2003, at about 2:30 pm, appellants went near the house of complainant and asked her as to why she is permitting one Anita Rangare to stock the bricks in the land. Upon which she said this land belongs to her, so she allowed Anita Rangare to put bricks in her Badi. Hearing this, both the appellants started abusing her by using filthy language and appellant Hemant pressed her neck and threatened to kill and appellant Santuram hit her with a rod, as a result of which she sustained simple injury near the eye. At the time of incident, Anita, Rasid Begam, Umeshwari, Babita, Rambai etc. were present there, who witnessed the incident. After that FIR Ex.P-1 was lodged by prosecutrix and she was sent for medical examination where she was examined by PW-4 Dr. Bal Krishna Verma vide Ex.P-2 who noticed the following injuries:-

(3.) After due investigation charge sheet was filed against the appellants under Sections 294, 506, 323/34 of IPC and under Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (prevention of Atrocities Act). The trial Court framed the charges under Sections 294, 323/34 and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (prevention of Atrocities Act) against the appellants which were denied by them and they prayed for trial.