STATE OF CHHATTISGARH Vs. SAHDEV

JUDGEMENT

(1.) Challenge in this appeal is to the order dtd. 11/4/2013 passed by the Special Sessions Judge, Janjgir-Champa in Special Sessions Trial No. 92/2012 whereby the respondents/accused have been acquitted of the charges under Ss. 354, 302/34 of the Indian Penal Code and Sec. 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, the Act of 1989).

(2.) Case of the prosecution, in brief is that on 23/1/2012, at about 4:00 p.m., the deceased, who was a minor aged about 13 years, had gone on her bi-cycle to fetch tomatoes from the fields (Badi) but did not come back. After one hour, her sister Sheet Kumari (PW-3) went out in search of the deceased. She found that the bi-cycle was lying near the gate of the Badi and in a polythene bag, the plucked tomatoes were kept. When she could not found the deceased, she raised an alarm by shouting her name. At that time, she saw that in the adjacent Badi of Pitamar Yadav, both the accused were leaning on somebody. On hearing the hue and cry of Sheet Kumari, both the accused ran away. She returned back on the bi-cycle and on the way, she met her brother Ganesh and informed the entire incident and after reaching home, she informed her father also. After some time, Ganesh came home and informed that the dead body of the deceased was lying in the water of Shanichara Dam when all of them reached the spot and saw the dead body.

(3.) The brother of the deceased Ganesh Kumar Suman (PW-10) lodged the first information report (for short, the FIR) (Exhibit P/29) on 24/1/2012 at about 18:30 hours which was registered at Police Station, Baloda, as Crime No. 0/2012 for the offence punishable under Sec. 302, 354, 34 of the IPC as well as Sec. 3(2)(v) of the Act of 1989 against the respondents/accused. The said FIR was registered on the basis of merg intimation (Exhibit P/26) bearing No. 6/2012 which was registered on 23/1/2012 at about 19:30 hours on the basis of information given by Ganesh Kumar Suman (PW-10) i.e. the brother of the deceased. Later on, the Police of Police Station AJK, Janjgir registered a numbered FIR bearing Crime No. 7/2012 on 25/1/2012 at about 13:20 hours.