SUKHLAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Case of the prosecution in brief is that on 13.11.2005 at about 12.00 PM, Laxman Singh (PW-4) went to the field for harvesting the crops along with his family members. At that time, the appellant along with other co-accused persons came there and forcibly entered into the field and when the complainant asked him as to why he along with other have encroached upon his thrashing field then the accused persons started abusing him in the name of his caste and also caused a club injury on his head. As a result of which he fell on the ground and blood was oozing from his head. Thereafter the appellants threatened him not to disclose the incident to anyone and fled from there. Subsequently, FIR (Ex.P-3) came to be lodged against the appellant and other co-accused and on the basis of which offence under Sections 147,294,323,506-B IPC and 3(i) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Special Act") were registered against them. 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 25/11/2006 passed in Sessions Trial No. 35 of 2006 acquitted the appellant of the charge under the Special Act but convicted him under Section 323 IPC with imposition of sentence of six months SI with fine of Rs. 500/- under Section 323, 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 IPC on wholly uncorroborated statement of complainant PW-4. He would submit that the appellant has been falsely implicated, therefore, he deserves to be acquitted.