RASIDA BEGUM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Criminal Appeal No. 980/2011 has been preferred by the two appellants/accused persons namely Rasida Begam (A-1) and Nurtaj (A-2) against judgment dtd. 26/08/2011 passed by learned Special Judge, Ambikapur in Special Session Atrocities Case No. 93/2008 whereby they have been convicted for offences punishable under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Sec. 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.5000.00 each and in default of payment of fine, further R.I. for 6 months.

(2.) Criminal Appeal No. 1954/2017 has been preferred by sole appellant/accused namely Madu Miya against judgment dtd. 21/11/2017 passed by learned Special Judge, Sarguja (Ambikapur) in Special Session (Atrocities) Case No. 93/2008 (as he remained absconded during the course of the trial when Rasida Begam (A-1) and Nurtaj (A-2) were being tried and final judgment of conviction was passed against them) whereby he has been convicted for offences punishable under Sec. 302/34 of IPC and sentenced to life imprisonment with fine of Rs.5000.00 and in default of payment of fine, further R.I. for one year; and for offence punishable under Sec. 201/34 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2000.00 and in default of payment of fine, further R.I. for 6 months.

(3.) Since both of these appeals involve common question of fact and law, they have been clubbed together, heard together and are being decided by this common judgment. It is also pertinent to mention here that since trial of Rasida Begam (A-1) alongwith Nurtaj (A-2) and that of Madu Miya (A-3) was conducted separately, therefore, some of the same documents have been exhibited differently. In the instant judgment, we would be referring the exhibits as per the paper-book relating to Criminal Appeal No. 980/2011 which has been preferred by Rasida Begam (A-1) and Nurtaj (A-2), unless stated otherwise, particularly, while adjudication of Criminal Appeal No. 1954/2017.