THE STATE OF CHHATTISGARH Vs. LAXMIPRASAD YADAV

JUDGEMENT

(1.) Seeking leave to appeal under Section 378(3) of the Cr. PC. the instant appeal has been filed by the State questioning the order of acquittal dated 28-3-2011 pased by Special Sessions Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Korba, District Korba (hereinafter called as 'Special Judge (Atrocities)') in Special Sessions Trial No. 56/2006, by which, the respondent has been acquitted from the charges framed under Section 3(1 )(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called as 'Atrocities Act').

(2.) The case of the prosecution, in Short, is that on 29-9-2009, at about 9.30 a.m. the respondent, at village, Police Station Kartala abused the complainant-Kamal Singh Rathiya (PW. 1), member of Scheduled Tribe at public place in the name of caste and threatened him to kill. Thereafter, the complainant lodged First Information Report (Exhibit-P/ 1) to the police station Kartala and offence under Sections 294, 506, Part-II, IPC and 3(l)(x) of the Atrocities Act was registered against the respondent.

(3.) To establish the charges under the aforesaid provisions, during the course of investigation, the police has prepared spot map and also statements of witnesses were recorded. Caste certificate of the complainant was seized and after completion of investigation, charge-sheet was filed before the jurisdictional Criminal Court.