DONGAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 12-10-2001 passed by Special Judge, Raipur CG constituted under the Scheduled castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (in brevity 'SCST Act') in Special Sessions Case No. 131/2000 whereby and whereunder he convicted and sentenced the appellants as under :-

(2.) In brief, case of the prosecution is that complainants Gangaram, Jeevandas, Jainlal, Anandram, Suminbai alias Sumedbai, Ratnibai are the members of scheduled caste. On 28-7-1999 at about 1 pm at village Parsuli appellants wrongfully restrained complainants Jeevandas, Jainlal, Gangaram and Ratnibai, caused injuries on head of complainant Jeevandas and Anandram by wooden club and iron rod, caused injuries on body of complainants Jainlal, Suminbai alias Sumedbai and Ratnibai by pointed iron rod, abused complainant Gangaram, Jeevandas, Jainlal, Anandram, Suminbai alias Sumedbai and Ratnibai in the name of their caste. After completing investigation, a charge sheet was filed against them. Trial Court framed the charges against them under Section 341, 307, 324, 323, of the Indian Penal Code (in brevity 'IPC') and Section 3(1)(x) of the SCST Act. After conclusion of the trial, Trial Court convicted and sentenced them as aforesaid, though trial Court acquitted them from the charge punishable under Section 307, 324 of IPC and Section 3(1)(x) of the SCST Act.

(3.) During the pendency of this appeal, appellant No. 1 Dongar has died and his appeal stood abated. Hereinafter 'appellants' will be mentioned only for appellants No. 2 and 3.