HEMA CHANDRAKAR Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal has been restored to the file of this Bench by an order dated January 28, 2019 passed by the Hon'ble Supreme Court in Criminal Appeal No(S). 161/2019 arising out of Special Leave Petition (CRL) No. 8055 of 2018. For reasons which shall appear hereinafter, this Court quote the para 6, 7 and 8 of order :-

(2.) This appeal arises out of the judgment of conviction and order of sentence dated 19.09.2001 passed by the Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989'), Raipur in Special Sessions Trial No.48/2000 convicting the accused/appellants under Section 3 (1) (x) and sentencing them to undergo R.I. for six months with fine of Rs.500/-, plus default stipulation.

(3.) The prosecution case, in brief, is that complainant Manohar (PW/1) is by caste a Satnami (Scheduled Caste) and was posted as a Peon at Gram Panchayat Bhaluchuwa. It is alleged that on 24.03.2000, a panchayat meeting was held. During the meeting, the appellants and two other accused Phoolsingh Gond and Bhuneshwar Gond intentionally insulted and intimidated the Complainant by saying "we do not drink water from the hands of a Chamar" and humiliated him in the panchayat. The matter was reported by the complainant vide written report (Ex.P/1). On the basis of Ex.P/1, two separate cases were registered, one against the appellants under Section 3(1)(x) of the Act of 1989 and the other against accused Phoolsingh Gond and Bhuneshwar Gond. Since Phoolsingh Gond and Bhuneshwar Gond are members of Scheduled Tribe, the separate case against them was registered under Section 294 of the Indian Penal Code. On completion of the investigation, two separate charge-sheets were filed. Charge was framed against the appellants under Section 3(1)(x) of the Act of 1989.