LAXMI PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 22-11-2005 passed by Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act, 1989'), Bilaspur in Special Criminal Case No. 35/2004. By the impugned judgment, accused/appellants Laxmi Prasad and Suresh Kumar have been convicted under Section 302 of the Indian Penal Code, and Section 3(2)(v) of the Act, 1989 and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/-, in default to further undergo rigorous imprisonment for six months and imprisonment for life and to pay fine of Rs. 500/-, in default, to further undergo rigorous imprisonment for six months, respectively. The sentence of imprisonment for life awarded for both the offences are directed to run concurrently. In case of default of payment of fine, the sentence of rigorous imprisonment awarded for both the offences are directed to run separately. Case of the prosecution, in brief, is as under:

(2.) The learned Special Judge framed charges against the appellants and the acquitted accused persons under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code and Section 3(2)(v) of the Act, 1989, They abjured the guilt.

(3.) In order to bring home the guilt against the appellants and the acquitted accused persons, the prosecution examined Ram Kumar (PW-1), Shankar (PW-2), Juganu (PW-3). Raghubar Das Vaishnav (PW-4), Kamta Prasad (PW-5), Dev Kumar Baghel (PW-6). Laxman Yadav (PW-7), Budha Bai (PW-8), Manharan (PW-9), Dinesh Kumar Tomar (PW-10), Lakhan Lal (PW-11), Lallan Pandey (PW-12), Dev Prasad (PW-13), Saukhi Lal (PW-14), Gandhi Ram Banjare (PW-15), Joseph Toppo (PW-16), Jai Uraon (PW-17) and Dr. Padmacharan Sahu (PW-18). Statements of the appellants and the acquitted accused persons were recorded under Section 313 Cr.P.C. in which they pleaded innocence and false implication. In defence, they examined Smt. Anuradha Pav (DW-1) and Jivrakhan (DW-2).