DAMBARU GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole appellant has been convicted by the trial Court under S. 3(2)(iii) and (iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for life under S. 3(2)(iv) of the Act and rigorous imprisonment for six months under S. 3(2)(iii) of the Act. The sentences however have been ordered to run concurrently.

(2.) Prosecution case in short is that on 16-2-1992 at about 8 p.m. the appellant set the dwelling house of the informant Sadan Majhi (P.W. 1) and straw heap of his brother Deba Majhi (P.W. 2) on fire situate in village Batakari within the police station Papadahandi under the district of Nowrangpur, as a result of which the said house and straw heap were destroyed and the fact that the aforesaid two witnesses belong to Scheduled Tribes was known to the appellant. It has been further stated that on hulla being raised, witnesses arrived, the accused was apprehended and taken to the house of Ward Member before whom he made extra-judicial confession. On the aforesaid facts, first information report was lodged at the concerned police station.

(3.) Police after registering case took up investigation and on completion thereof, submitted charge sheet. Upon receipt of the charge-sheet, learned Magistrate took cognizance and committed the appellant to the Court of Sessions to face trial.