SUDRU @ BOTI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 20.06.2002 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989'), Bastar place Jagdalpur (C.G.) in Special Criminal Case No. 141 of 2002, convicting and sentencing the accused/Appellants as under:-

(2.) Case of the prosecution, in brief, is that complainant Varse Somdu, who is a gond by caste and is the member of Scheduled Tribe. The appellants are not the members of Scheduled Tribe. On 17.01.2002, at about 4.00 pm, Appellant Boti Telga invited him for drinking liquor at his house and there appellant Boti Telga used obscene word against the complaint's wife. Further case of the prosecution, is that at the time of incident accused/appellant Boti Telga and the complainant had consumed liquor there and thereafter Appellant Boti Telga and his wife Janadaie committed marpeet with the complainant and tied up with a tree whole night. On the next day, at about 4.00 AM, Hidma of Totapara, released him from the tree. The complainant lodged First Information Report vide (Ex.P-1) against the appellants in Police Station Kuakonda and the complainant was sent for medical examination at Primary Health Centre at Kuakonda.

(3.) After completion of the investigation, charge-sheet was filed before the trial Court wherein the trial Court framed charges as mentioned above to which the appellants did not plead guilty. The trial Court conducted the trial and after completion of evidence of the prosecution side, statement of the appellants under Section 313 of the Cr.P.C. were recorded and after completion of trial, the trial Judge considering the material available on record by the impugned judgement convicted and sentenced the appellants as mentioned above.