SANTOSH SAHU Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 30-11 -2007 passed by Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act, 1989') and Additional Sessions Judge, Durg in Special Case No.37/2006. By the impugned judgment, accused/appellant Santosh Sahu has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.2,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 3 months.

(2.) CASE of the prosecution, in brief, is as under: Deceased Rakesh was Mahaar by caste, belonged to Scheduled Caste. On 2-5-2006, Pardeshiram (PW-1) was going on a motorcycle along with Banti Sukhdeve (PW-2) and deceased Rakesh via Subhash Chowk to drop Banti Sukhdeve (PW-2) at Mogara Dafai. At about 10:30 P.M., when they reached near Mahua Tree situated at Purana Bazar, the appellant stopped them and said that he wanted to talk with deceased Rakesh lonely. The deceased stepped down from the motorcycle, whom the appellant took away at a distance of 5 steps. Pardeshiram (PW-1) and Banti Sukhdeve (PW-2) remained sitting on the motorcycle. The appellant said the deceased that the boys of Subhash Chowk were Chhakke, and assaulted the deceased with a knife. The appellant gave one blow on the stomach and two blows on the back of the deceased with the knife. Having smeared with blood, the deceased fell down. The appellant fled with the knife. At that time, Niru Sahu and Chandu Halba reached there. Pardeshiram (PW-1) told them that the appellant assaulted the deceased with the knife and fled. Pardeshiram (PW-1) and Banti Sukhdeve (PW-2) took the deceased to Dr. Mathai's Clinic situated at Subhash Chowk, from where the deceased was taken to B.S.P. Hospital, Rajhara for treatment, where Dr. Aniruddha Mene (PW-6) declared the deceased dead. Pardeshiram (PW-1) lodged Merg Intimation (Ex.P-1) in Police Station Rajhara, on the basis of which, First Information Report (Ex.P-2) was recorded in Police Station Rajhara. The Investigating Officer reached the place of occurrence, gave notice (Ex.P-13) to Panchas and prepared inquest (Ex.P-14) on the dead body of the deceased. The deadbody of the deceased was sent to Government Hospital, Rajhara for post mortem examination vide Ex.P-15, where, post mortem was conducted by Dr. Yashwantrao Tumade (PW-11), who gave his report (Ex.P-15A). He found-

(3.) SHRI Rajendra Tripathi, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the leaned trial Court do not warrant any interference by this Court.