SITARAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Facts of the prosecution case go to show that in the night hours of 29.07.2003 when he was on the way to his home, the accused/appellant met him on the way and calling him Bhatra- the community he belongs to, inflicted the blow with the piece of bamboo stick on his head as a result of which he fell down on the ground. The report also shows that the caste Bhatra which he belongs to falls in the category of scheduled tribe whereas the accused/appellant hails from a non scheduled caste category namely Rawat. On the basis of report lodged by the complainant (Ex. P-4) offences under Sections 294 and 323 IPC and Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Special Act") were registered against him. After completion of investigation charge-sheet was also filed against the accused/appellant under the same sections followed by framing of charge accordingly.

(2.) Learned Court below vide judgment impugned dated 20.02.2004 passed in Sessions Trial No. 474/2003 found the accused/appellant guilty under Sections 323 IPC and 3 (1) (x) of the Special Act with imposition of sentence of RI for 6 months with fine of Rs. 500/- u/s 323 IPC and one year RI with fine of Rs. 1000/- under the Special Act, plus default stipulations. Hence this appeal.

(3.) Counsel for the accused/appellant submits that the judgment impugned being not in conformity with the evidence collected by the prosecution cannot be allowed to sustained. He further submits that prosecution has not even proved that the complainant belongs to a scheduled tribe category by adducing reliable evidence as required under the law.