SAHADEV AND ANOTHER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal has been filed by the appellants under section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 28th September, 2001 passed by Special Judge, Bastar at Jagdalpur, in S.T. No. 146/2001 convicting the appellants under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 506 -II, 341 and 294 of the Indian Penal Code and sentencing each of them to undergo RI for one year, RI for six months, fine of Rs. 100/ - and Rs. 300/ - respectively. In default of payment of Rs. 100/ - and Rs. 300/ -, they have to undergo SI for seven days and SI for fifteen days respectively. In addition to the substantive sentence of imprisonment, each of the appellants has been sentenced to pay a fine of Rs. 700/ - and Rs. 500/ - respectively for the offence under sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and 506 -II of the Indian Penal Code, with default stipulation. Case of the prosecution, in brief, is that on 6 -2 -2001 complainant Nirakar, who is a pujari, was performing puja in the village. He asked the band party to play band at the place of puja first, whereupon appellant Suleman and Mata being annoyed moved away from there. After performing puja, at about 7 p.m., while Nirakar was coming back to home along with the band party, at that time, the appellants waylaid him and abused him filthily in the name of mother and his caste. They also threatened him to kill and assaulted him with stick and slapped him. Report of the incident was lodged by complainant Nirakar at Scheduled Caste Welfare Police Station, Jagdalpur, whereupon FIR was registered under Cr. No. 2/2001. Complainant Nirakar was sent for medical examination to Maharani Hospital, Jagdalpur, where he was examined by Dr. Mahendra Mahilang and medical report Ex. P/1 was given.

(2.) DURING investigation, spot map Ex. P/4 was prepared. One bamboo stick was seized from accused Sahdev as per Ex. P/3 and statements of the witnesses were recorded. After completing usual investigation, charge -sheet was filed against the accused persons for the offence punishable under sections 341, 294, 506B of the IPC and section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the Act, 1989") before the Chief Judicial Magistrate, Jagdalpur, who, in turn committed the same to the Court of Sessions, from where it was received on transfer by learned Special Judge, Jagdalpur, for trial.

(3.) HOWEVER , learned trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment convicted and sentenced the appellants, as mentioned above.