LAKHAN LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 9/1/2006 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act, 1989'), Raipur, C.G. in Special Case No.124/2004 whereby and whereunder the learned Special Judge after holding appellant Lakhan Lal Sahu (A-1) guilty under Sec. 3(1)(x) of the Act, 1989 and Ss. 294 and 323/34 of the Indian Penal Code (for short 'the IPC') and appellant Guru @ Shivmangal (A-2) under Sec. 323/34 of the IPC, sentenced appellant Lakhan Lal Sahu (A-1) to undergo rigorous imprisonment for 6 months and to pay fine of Rs.500.00, in default of payment of fine, to further undergo rigorous imprisonment for 1 month; fine of Rs.500.00, in default of payment of fine, to undergo rigorous imprisonment for 1 month; and fine of Rs.500.00, in default of payment of fine, to undergo rigorous imprisonment for 1 month; and sentenced appellant Guru @ Shivmangal (A-2) to pay fine of Rs.500.00, in default of payment of fine, to undergo rigorous imprisonment for 1 month. The trial Court also awarded benefit of set off to Appellant Lakhan Lal Sahu (A-1).

(2.) Conviction is impugned on the ground that without there being any iota of evidence the Court below has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) As per the case of prosecution, on 31/8/2004, at about 8.00 p.m. at village Tundri, P.S. Bilaigarh, the appellants intimidated complainant Ghanaram Tandan (PW-2) and also abused him by telling obscene words and assaulted and caused him simple injury knowing well that the complainant is a member of scheduled castes community. Thereafter, the matter was reported to Police Station Bilaigarh and FIR (Ex.-P/2) was lodged. Complainant Ghanaram Tandan (PW-2) was examined by the Doctor who noticed simple injuries over the body of the complainant. Statement of the witnesses were recorded under Sec. 161 of the Code of Criminal Procedure, 1973 (in short 'the Code').