PILLA BAI Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellants have preferred the appeal against the judgment of conviction and order of sentence dtd. 19/3/2003 passed by Special Judge under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Bastar, District Jagdalpur in Sessions Trial No. 523/2003 whereby the appellants have been convicted under Ss. 294, 323/149 of the Indian Penal Code and Sec. 3 (1)(x) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth "SC & St Act") and sentenced to undergo RI for one month, u/S 294 IPC, to undergo rigorous imprisonment for six months with fine of Rs.500.00, u/S 323/149 IPC and to undergo RI for one year & six months with fine of Rs.500.00, u/S 3(1)(x) of the SC/ST Act with further default stipulations. All the sentences are directed to run concurrently.

(2.) Since appellant No. 1 - Pilla Bai has already expired, therefore, this criminal appeal so far relates to appellant No. 1 - Pilla Bai is concerned, stands abated.

(3.) Perusal of the record would go to show that on the basis of written complaint (Ex.P-10) filed by Victims namely Rupnath (PW-2) & Fulo Bai (PW-4), FIR (Ex. P-14) has been registered against the present appellants & other co-accused persons under Ss. 147, 341, 323 & 294 of the IPC & Sec. 3 (1) (x) of the SC/ST Act, before the Police Station Bhanpuri, District Bastar. After usual investigation and after collecting material, final report for commission of offence under Ss. 147, 341, 323 and 294 IPC and Sec. 3(1)(x) of the SC/ST Act has been submitted before the Chief Judicial Magistrate, Jagdalpur, who in turn committed the case to the Special Judge, SC/ST Act, Bastar, which was registered as Session Trial No. 523/2003.