PUSHKAR CHAIKRAWARTI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 16-9-2002 passed by the Special Judge, constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in brevity 'SCST Act'), Raipur in Special Case No. 61/2000 whereby and whereunder he convicted the appellant for offence punishable under Section 325 of the Indian Penal Code (in brevity 'IPC') and sentenced to undergo RI for 1 year and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo RI for 2 months.

(2.) In brief, case of the prosecution is that on 2-12-2000 complainant Ganeshu was sitting in front of the house of his brother-in-law Tijuram at about 5.30 pm. He was talking with co-accused Manohar. At that time, the appellant, co-accused Umashankar and Kajuram reached there. Appellant and co-accused Umashankar beat him by hands and legs. Appellant twisted his right hand. He lodged FIR on very day in police station Gariyaband at about 20.15 hour. After completing the investigation a charge sheet was filed against them. Trial Court framed charges against appellant and co-accused Umashankar under Section 3(1)(x) of the SCST Act, Section 325 read with Section 34, IPC; against co-accused Kajuram under Section 3(1)(x), SCST Act, Section 109 read with Section 325, IPC; against co-accused Manohar under Section 3(1) (x) of the SCST Act. After conclusion of the trial, Trial Court acquitted them of Section 3(1)(x), SCST Act; co-accused Umashankar of the offence punishable under Section 325 read with Section 34, IPC; coaccused Kajuram of the offence punishable under Section 109 read with Section 325 of IPC. However, trial Court convicted and sentenced the appellant as aforesaid.

(3.) Hence this appeal.