SANTOSH MALAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on IA No. 01/2021 for suspension of sentence and grant of bail to the Appellant.

(2.) By the impugned judgment dtd. 24/06/2022, passed by the learned Special Judge, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, District Raigarh (C.G.) in Special Criminal Case under the Atrocities Act 2/2018, the Appellant stands convicted as under:-

(3.) Learned Senior Counsel appearing for the Appellant submits that without there being any clinching evidence available on record, the Appellant has been convicted by the Trial Court. He further submits that if the entire case of prosecution taken as it is, even then no case under Sec. 306 of the I.P.C. can be made out against the Appellant. According to the case of prosecution, the deceased committed suicide only after the Appellant refused to marry with her. There is nothing on record which shows that by any manner, the deceased was instigated by the Appellant for committal of suicide. In this regard, reliance has also been placed by the Counsel in the judgment passed by this Court in Criminal Revision No. 111 of 2018 (Kewal Krishnakant Vishwakarma v. State of Chhattisgarh) passed on 5/3/2019. It is further submitted by the Counsel that as the offence punishable under Sec. 306 of the I.P.C. is not made out against the Appellant, therefore, offence under Sec. 3(2)(v) of the SC/ST Act is also not made out. During trial, the Appellant was on bail and not misused the liberty granted in favour of him and after the judgment of Trial Court i.e. 24/6/2022, he is in jail. Therefore, it is prayed that the Appellant may be released on bail and his sentence may be suspended which was imposed by the Trial Court.