PRABHAKAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellants have challenged the legality, validity and propriety of the judgment of conviction and order of sentence dtd. 9/12/2020 passed by the Special Judge {constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989}, Jashpur, District Jashpur, C.G. in Special Criminal Case under the SC/ST Act No.20/2018, whereby and whereunder the appellants stand convicted and sentenced as under:- Conviction Sentence Under Sec. 294 of Indian Simple Imprisonment for one Penal Code month and fine of Rs.100.00, in default of payment of fine to further undergo simple imprisonment for one week Under Sec. 323/34 of Indian Simple Imprisonment for six Penal Code read with Sec. months and fine of Rs.500.00, 3(2)(v)(a) of the Scheduled in default of payment of fine to Castes and Scheduled Tribes further undergo simple (Prevention of Atrocities) Act, imprisonment for one month Under Sec. 427 of Indian Simple Imprisonment for three Penal Code months and fine of Rs.1,000.00, in default of payment of fine to further undergo simple imprisonment for one month Under Sec. 3(1)(s) of Simple Imprisonment for six Scheduled Castes and months and fine of Rs.500.00, Scheduled Tribes (Prevention in default of payment of fine to of Atrocities) Act further undergo simple imprisonment for one month (All sentences were directed to run concurrently)

(2.) Case of the prosecution, in brief, is that on the date of incident i.e. 26/2/2018 at about 10:00 am complainant Rishi @ Abhishek Kumar along with Ankur Vishwas, Mohit Gupta, Shubham Jaiswal and Gautam Bhagat went to meet Ajay Suryawanshi in hotel. At that time, accused/appellants came there on motorcycle and due to previous enmity with Shubham Jaiswal, they started quarrelling with him. When complainant Rishi @ Abhishek Kumar and Mohit Gupta tried to pacify the dispute, then accused Sandeep Yadav and Kailash Yadav started quarrelling with the complainant, abused him filthily in the name of his caste in public place, threatened him to kill and went from there. After some time, Kailash Yadav, Sandeep Yadav and Prabhakar Yadav again came there by Bolero Car and started quarrelling with the complainant, assaulted upon him by club, abused him filthily in the name of caste in public place and also caused damage to his vehicle (motorcycle) and when Mohit Gupta tried to pacify the dispute, they also assaulted upon him by club. Thereafter, written report Ex.P-6 was submitted by Injured- Mohit Gupta informing the police about the incident and on the basis of written report, FIR Ex.P-7 was registered against the accused/appellants on 27/2/2018. On the same day i.e. 26/2/2018, complainant Rishi @ Abhishek Kumar was sent for medical examination and PW-3 Dr. Jayant Ram Bhagat examined him and gave his MLC report vide Ex.P-8 and found one lacerated wound 4 cm x 2 cm x 1 cm on right scalp (blood clot present) on the body of the complainant.

(3.) Injured- Mohit Gupta was also medically examined by PW-3 Dr. Jayant Ram Bhagat and he gave his MLC report vide Ex.P-9:- * Abrasion 1.5 cm x 0.5 cm on right wrist.