NARENDRA RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 24.2.2010, passed by the Special Judge, Rajnandgaon (CG) under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Special Case No. 78/2008, whereby, the said Court has convicted the appellants under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the SC/ST Act) and Sections 294, 325 r/w Section 34 of the I.P.C. and sentenced to undergo S.I. for 6 months and fine of Rs. 250/-, fine of Rs. 250/- and S.I. for 6 months and fine of Rs. 250/- respectively with default stipulations.

(2.) As per the case of prosecution, complainant Sawant Ram is Halba by caste and member of Scheduled Tribe while the appellants are not the members of Scheduled Caste and Scheduled Tribe. It is alleged that one criminal case was initiated by daughter of the complainant against appellant- Narendra Rajput and due to the said issue, the appellants used obscene words against the complainant and assaulted him on 8.6.2008 at about 8.00 pm. The matter was reported and after investigation the appellants were charge sheeted. After hearing both the parties, the trial Court has convicted and sentenced the appellants as aforementioned.

(3.) I have heard learned counsel for the parties and perused the record.