DHRUV LAL CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19th of June, 2007 passed in Special Sessions Case No. 116/ 2006 by the Special Judge under SC & ST (Prevention of Atrocities) Act, 1989, Raipur. By the impugned judgment, the appellants have been convicted and sentenced in following manner with the direction to run the sentences concurrently:

(2.) The facts, briefly stated, are as under:

(3.) Mr. Uttam Pandey, learned counsel appearing on behalf of the appellants, has argued that in fact, it was a quarrel between the deceased and appellant No.2, there is no evidence to show that the other reliable evidence to hold that the other appellant shared common intention with appellant No. 2, there is no reliable evidence to hold that the other appellants, in any manner, participated in the assault which was given by appellant No.2. About appellant No.2, he argued that in the facts and circumstances of the case, an offence u/s 302 IPC would not be made out and he would be liable for punishment under some lesser Section preferably Part-I or Part-II of Section 304 IPC. For the offence under the Special Act, he has argued that there is no iota of evidence to constitute an offence u/s 3 (2) (v) of the Special Act and all the appellants deserve to be acquitted for the alleged commission of the above offence.