RAMESHWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 14-9-2001 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,(in brevity 'SCST Act'), Bastar at Jagdalpur (CG) in ST Case No. 71/2001 whereby and whereunder he convicted and sentenced the appellant as under:-

(2.) This is admitted by appellant that he is Raut by caste.

(3.) In brief the prosecution case is that on 28-12-1998 complainant Smt. Nirmla Kashyap at about 12.00 pm was going to take rice. Appellant called her and asked as to why the house under Indira Awas Yojana has not been given to Mangaldei. During the conversation he said her 'Muria, Sala'. She told the incident to her husband after reaching in the house. She, her husband, Laikhan and other persons went to his house to inquire the matter. He beat her husband and Laikhan by club. On 30-12-1998 she gave an application to police station SC & ST Jagdalpur. After the inquiry, an FIR was lodged in police station AJAK, Jagdalpur on 9-1-1999. After completion of the investigation a charge sheet was filed against him. The trial Court framed charges against him under Section 323, IPC, regarding complainant Laikhan and Tulsiram Kashyap and 3(1)(x) of the SCST Act. He abjured the charges and faced trial. To bring home the charges prosecution examined as many as 6 witnesses. He examined 3 witnesses in his defence. After conclusion of the trial, he was acquitted from the charge punishable u/s 323, IPC regarding complainant Laikhan however he was convicted and sentenced as aforesaid.