DHANESHWAR ALIAS KHODIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal, challenge levied is to the judgment of conviction and order of sentence dated 11.02.2003 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Bastar at Jagdalpur in ST No. 307/2002 whereby and whereunder he convicted the appellant for offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter called as 'Act, 1989') and sentenced him to undergo RI for one year and to pay a fine Rs. 1000/-, in default of payment of fine, to further undergo additional RI for three months.

(2.) This is admitted by the appellant that complainant Sonadhar is a Bhatra by caste and is a member of scheduled tribe and he himself is Mahra by caste.

(3.) In brief the prosecution case is that on 26.06.2002 complainant had taken out his bull for grazing towards Mahran of Sudhumahra, at about 3 pm. Appellant reached there and uttered the complainant Bhatra Maderchod, you are grazing the cattle here, if it is a land of your father and caused injury on his head by brick. Complainant Sondhar lodged the FIR on very day to AJAK Police Station, Jagdalpur. After completion of the investigation a charge sheet was filed against the appellant u/s 294, 336 I.P.C. and 3(1)(x) of the Act, 1989. The trial Court framed charge against the appellant under Sections 3(1)(x) of the Act, 1989 and 324 of the IPC. Appellant abjured the charges and faced trial. To bring home the charges prosecution examined as many as seven witnesses. Appellant did not examine any witness in his defence.