MOHAN LAL AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment of conviction and order of sentence dated 21-12-2004 passed by the Special Judge (Atrocities), Jashpur, in Special Criminal Case No. 26 of 2003, whereby the accused/appellant has been convicted under Section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act') and sentenced to undergo R.I. for six months and to pay fine of Rs.1000/- in default of payment of fine to undergo further RI for 1 1/2 months.

(2.) The case of the prosecution, in brief, is that complainant Shanti Bai (PW/2) is a member of Satnami, Scheduled Caste. Sudharshan (PW/4) is husband of Shanti Bai (PW/2) and Balichand (PW/3) is their son. On 18-5-2001 Sudharshan (PW/4) was going to the shop of appellant Mohan for purchasing household goods and when he reached the shop of appellant, appellant told his servants to push him in Mahuva godown, kill him by cutting pieces and throw him in a forest by keeping in a Mahuva bag. Accused/appellant also abused Sudharshan by caste.

(3.) Complainant Shanti Bai (PW/2) along with her son Balichand (PW/3) went to Police Station Bagbahar, Dist. Jashpur and lodged first information vide Ex.P/1 on the basis of which offence was registered against the appellant. During the course of investigation, spot map was prepared vide Ex.P/4, accused was arrested vide Ex.P/.5.