SANJAY GUPTA Vs. OMPRAKASH GUPTA

JUDGEMENT

(1.) This appeal is preferred under Sec. 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dtd. 10/8/2005 passed by learned Special Sessions Judge (SC and ST Act), Ambikapur, District- Surguja (C.G.) in Special Sessions Trial No. 07/2003, whereby the said Court convicted the appellants and sentenced them as under:- <IMG>JUDGEMENT_6_LAWS(CHH)1_2025_1.jpg</IMG>

(2.) Case of the prosecution is that the complainant- Brahaspati Singh Khairwar (PW-04) had lodged the written report at Police Station- Ramanujganj that when he was going to Village- Gamaharia, Ramanujganj by his vehicle, at that time on the way accused persons had overtaken the complainant's party by Marshal Jeep, meanwhile, when they overtook by taking a side near Village- Auradamar, they started abusing the complainant for taking the side and stopped his vehicle and when the complainant scolded them, accused persons started abusing him on his caste and thereby they pulled the sleeves of his Kurta's from the waist side, then his gunman intervened between them to save the complainant. Thereafter, both the accused persons were caught hold by the gunman and the matter was reported to the Police Station and the report was registered against the accused persons. Initially, the offence was registered as Crime No. 0/2001 at Police Station- Ramanujganj by S.I.- A. K. Joshi (PW-10) and thereafter the matter was referred to the Special Police for investigation, wherein the case was registered as Crime No. 92/2001 and the case was investigated by DSP- B.P. Rajbhanoo (PW-11). During the investigation, he seized white coloured torn shirt of the complainant before the witnesses vide Ex. P/9 and as per statement of the complainant and other witnesses, spot map of the incident was prepared vide Ex. P/7. Statements of the witnesses were recorded, the accused/appellants were arrested vide Exs. P/10 and P/11. After completion of due and necessary investigation, prosecution led the charge-sheet before the Court of Chief Judicial Magistrate- Ambikapur, thereafter matter was committed to the Court of learned Special Judge (SC and ST Act), Ambikapur and the case was registered as Special Sessions Trial No. 07/2003 and the appellants were put to trial for offence punishable under Ss. 341, 294, 506, 352 of I.P.C. and Sec. 3 (1) (x) of SC and ST (Prevention of Atrocities) Act, 1989 against the appellants.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 12 witnesses. Statement of the accused/ appellants were also recorded under Sec. 313 of Cr.P.C., in which they denied all the incriminating charges leveled against them and pleaded their innocence that they have been falsely implicated in this case. The appellants also examined 02 defence witnesses to substantiate its case.