NARAD PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 23-9-2002 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,(in brevity 'SCST Act'), Raigarh (CG) in Special Case No. 13/2002 whereby and whereunder he convicted and sentenced the appellant as under:-

(2.) This is admitted by appellant that he is neither a member of scheduled caste nor scheduled tribe. A meeting of Panchayat was convened.

(3.) In brief the prosecution case is that complainants Deshiram and Shyam Sunder are brothers and member of scheduled tribe and by caste Kanwar. They are the resident of village Baheerkela. On 30-9- 2001 in the night appellant had cut linhay and used entire water. Thus, the field of the complainant Deshiram got dried. On 1-10-2001 he called a meeting of the respected people of the village. In the meeting appellant abused said complainant, gave threatening to kill them, said 'Adiwasi Kanwar'. He also abused complainant Shyamsunder, gave threatening to kill her, said him Kanwar. On very day complainant Deshiram gave an application to the SHO, SC and ST Police Station Chakradharnagar. After the inquiry on 27-1-2002, an FIR was lodged in AJAK Police Station, Raigarh. After completion of the investigation a charge sheet was filed against the appellant. The trial Court framed charges against the appellant under Section 294, 506-B IPC, and 3(1) (x) of the SCST Act for each complainant. Appellant abjured the charges and faced trial. To bring home the charges prosecution examined as many as 10 witnesses. Appellant examined one witness in his defence. During the trial appellant was acquitted from the charges punishable u/s 294, 506-B IPC, and 3(1)(x) of the SCST Act for complainant Shyamsunder however he was convicted for the complainant Deshiram as aforesaid.