RAJENDRA KUMAR CHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since all the aforementioned two appeals arise out of the same crime number i.e. 121/2021 registered at Police Station Jaijaipur, District Janjgir Champa for the offences punishable under Sections 147, 148, 149, 294, 447, 427, 452, 506 IPC and sec. 3(i) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, they are decided by this common order.

(2.) Case of the prosecution in brief is that on 02.08.2021 the appellants and other accused persons entered the house of the complainant, started abusing filthily in the name of caste on the pretext that the complainant party had constructed the houses in their land and that if they did not come out of the houses, they would get the same dismantled with the help of tractor. They are also alleged to have pulled out the female members of the houses and thus put them to humiliation.

(3.) Learned counsel for the accused/appellants placing reliance on the decision of the Apex Court in the matter of Hitesh Verma v. State of Uttarakhand and Another, AIR 2020 SC 5584 and Swaran Singh and Others v. State through Standing Counsel and Another, 2008 (8) SCC 435, submits that un-disputedly, the incident had occurred within the four walls of the house and therefore, the ingredients of the Special Act referred to above are not attracted. They further submit that there is nothing to show that the place where the incident took place was a public place or it was within the public view. Referring to certain orders passed by the Revenue Authorities, learned counsel for the appellants submit that it is a case having civil favour but unfortunately it has been given the colour of a criminal case.