MAHENDRA VAISHNAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 08.02.2011 passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act] in Special Session Trial No. 14/2010, wherein the said court convicted all the four appellants for commission of offence under Sections 436/34, 294, 323/34 & 323/34 of IPC, 1860 and sentenced to undergo R.I. for 4 years and fine of Rs. 1000/-, R.I. for 1 month and fine of Rs. 100/-, R.I. for 2 months and fine of Rs. 200/- & R.I. for 2 months and fine of Rs. 200/- respectively each with further default stipulations. All the sentences to run concurrently.

(2.) In the present case, name of the victims are Ishwar Nagarchi, Bhikham Nagarchi, Radha Bai & Thanwar Sahu. As per version of the prosecution, on 28.04.2010 at about 09:45 p.m., appellant No. 1- Mahendra Vaishnav caused injury by means of iron rod on left leg of wife of complainant namely Radha Bai whereas appellant No. 2 to 4 assaulted her by hands and fists. Further case of the prosecution is that after the assault, the accused persons abused the complainant- Bhikham Nagarchi and her wife and threatened them to kill. Appellant No. 1- Mahendra Vaishnav & appellant No. 2- Bhaktaram committed mischief by fire in house of Ishwar Nagarchi. The matter was reported and investigated, the appellants were charge-sheeted and after completion of trial, the trial court convicted as mentioned as above.

(3.) Learned counsel for the appellants submits as under:-