HEMA CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.9.2001 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989'), Raipur in Special Sessions Trial No.48 of 2000 convicting and sentencing each of the Appellants as under: Conviction Sentence Under Section 3(1)(x) of Rigorous Imprisonment for 6 the Act of 1989 months and fine of Rs.500/- with default stipulation

(2.) Facts of the case, in brief, are that Complainant Manohar (PW1) is by caste a Satnami (Scheduled Caste) and was posted as a Peon at Gram Panchayat Bhaluchuwa. It is alleged that on 24.3.2000, a panchayat meeting was held. During the meeting, the Appellants and two other accused Phoolsingh Gond and Bhuneshwar Gond intentionally insulted and intimidated the Complainant by saying "we do not drink water from the hands of a Chamar" and humiliated him in the panchayat. The matter was reported by the Complainant vide written report (Ex.P1). On the basis of Ex.P1, two separate cases were registered; one against the Appellants under Section 3(1)(x) of the Act of 1989 and the other against accused Phoolsingh Gond and Bhuneshwar Gond. Since Phoolsingh Gond and Bhuneshwar Gond are members of Scheduled Tribe, the separate case against them was registered under Section 294 of the Indian Penal Code. On completion of the investigation, two separate charge-sheets were filed. Charge was framed against the Appellants under Section 3(1)(x) of the Act of 1989.

(3.) To rope in the Appellants, the prosecution examined as many as 10 witnesses. Statements of the Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the circumstances appearing against them, pleaded innocence and false implication. Two witnesses have been examined in their defence.