GUDDU @ RAM PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.5.2002 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (henceforth 'the Act of 1989') and Additional Sessions Judge, Durg in Special Case No.79 of 2001 convicting and sentencing each of the Appellants as under: Conviction Sentence

(2.) Facts of the case, in brief, are that 10 th day of March of 2001 was a day of Holi festival. At about 1:30 p.m., Rajkumar (PW1), along with Ishwar (PW2) and other persons, went to the house of Dereshwar (PW3). From there, they went to the house of Mahilang. Dereshwar and Panchram alias Panchu stopped behind. It is alleged that near Maldar Bhawan (a mansion), accused/Appellant Guddu alias Ramprasad, accused/Appellant Raju alias Imtiyaz and acquitted accused Shahid and two other persons abused Rajkumar in the name of his caste and they also assaulted him, Dereshwar and Panchram with fists, danda and bricks. Dereshwar and Rajkumar immediately went to Police Station Supela and Rajkumar lodged First Information Report (Ex.P1). Meanwhile, Panchram, staggeringly, fell down in front of the house of Sohadradevi (PW7), wife of Dereshwar. He was immediately taken to the hospital where he was found dead. Information thereof was sent to the police station vide Ex.P12 on the basis of which morgue intimation (Ex.P11) was registered. Inquest (Ex.P8) was prepared. Post mortem examination of the dead body of Panchram was conducted by Dr. Lal Mohammed (PW5) on 11.3.2001. He gave his report (Ex.P10) in which he found a hematoma of 10x20 cms. in the scalp, 1/2 portion of which was placed in front of the scalp. Brain was congested. A hematoma of 10x15 cms. was present in both hemisphere of the brain. A 6 cms. lengthy linear fracture was found in the left side of the base of skull bone. He opined that mode of death was coma as a result of fracture of skull bone and head injury. Other injured persons were also examined. On 11.3.2001, memorandum statement of Appellant Guddu alias Ramprasad was recorded vide Ex.P21 and on the basis of which seizure of a danda was made from him vide Ex.P22. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellants and 5 other accused Lokesh, Shahid, Dinesh, Khileshwar and Manish for offences punishable under Sections 294 , 323 , 506B , 147 , 148 , 149 , 302 of the Indian Penal Code and Section 3(1)(x) and 3(2)(v) of the Act of 1989. Charges were framed against all of them under Sections 147 , 148 , 302 / 149 , 506B / 149 , 323 / 149 of the Indian Penal Code and Sections 3(1)(x) and 3(2)(v) of the Act of 1989.

(3.) To rope in the accused, the prosecution examined as many as 10 witnesses. Statements of the accused were also recorded under Section 313 Cr.P.C. in which they denied the guilt and pleaded innocence. 1 witness has been examined in their defence.