MAKRAND SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 1/5/2004 passed by the learned Special Judge of Special Court, Raipur (C.G.) (SC and ST Prevention of Atrocities Act, 1989), in Special S.T. No. 173/2001 whereby, the learned Special Judge convicted the appellants and sentenced them as under :- <FRM>JUDGEMENT_63_LAWS(CHH)8_2023_1.html</FRM>

(2.) The prosecution story, in brief, is that on 19/7/2001, at about 3:00 p.m., when the complainant ' Shri D.K. Banshwar, the then C.M.O., Nagar Palik Parishad, Bhatapara, was returning to his office, the accused/appellants stopped him near the gate of the office of Nagar Palika Parishad, and started assaulting him and abusing him by using filthy language by referring his caste and also threatened to kill him. At the time of the incident, one Sohanlal Ratre had seen the offence and intervened. Thereafter, complainant Dinesh Kumar Banshwar PW-4 lodged a written report before the police. On the said report police investigated the matter and during the investigation seized the shirt worn by the complainant. The complainant Dinesh Kumar and Sohanlal Ratre were being examined medically and police collected the caste certificate of the complainant. After completion of the investigation charge sheet was filed for the offence 341 of IPC and 3(1)(x) of SC/ST (Prevention of Atrocities) Act, read with Sec. 294 of IPC and 332, 323 and 506 of IPC before the Judicial Magistrate First Class, Baloda-Bazar, against the accused/appellants.

(3.) So as to hold the accused/appellants guilty, the prosecution has examined as many as 10 witnesses. The statement of the accused/appellants were also recorded under Sec. 313 of the Cr.P.C. in which they denied the circumstances appearing against them and pleaded innocence and false implication in the case.