PRAMOD KUMAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against the Judgment of Conviction dtd. 28/4/2006 and order of sentence dtd. 29/4/2006 passed by the learned 1st Additional District and Sessions Judge, Latehar whereby the accused appellant has been convicted for the offence punishable under Sec. 384, 353, 504 of the Indian Penal Code and Sec. 3(i)(x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 and sentenced to undergo R.I. for three years under Sec. 384 of the Indian Penal code, further imprisonment for two years under Sec. 353 of the Indian Penal Code, and further he was directed to undergo imprisonment for two years under Sec. 504 of the Indian Penal Code and rigorous imprisonment for three years under Sec. 3(i)(x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 and a fine of Rs.5000.00 (Rupees five thousand) and in its default of payment of fine the appellant was further directed to undergo simple imprisonment for six months. It has further been directed that 50 per cent of the fine amount so paid by the accused shall go to the complainant/ informant.

(2.) The prosecution case arose in the wake of written report dtd. 5/6/2003 of the informant Siddhi Paswan (PW- 3), the then Junior Engineer Rural Engineering Committee Chandwa, Distt., Latehar which is as under:

(3.) On the basis of the aforesaid written report instituted by the informant at Ranchi S.C./S.T. Police Station on 7/6/2003 a formal F.I.R. was lodged by S.C./S.T. P.S. Case No. 18 of 2003 dtd. 7/6/2003 corresponding to G.R. Case No. 198 of 2003 registered for the offence punishable under Ss. 384, 353, 504 of the Indian Penal Code and 3(i) (X) of SC/ST (Prevention of Atrocities) Act 1989 and the investigation of the case commenced. After the completion of the investigation the charge sheet no. 15 of 2004 dtd. 28/2/2004 was submitted for the offence punishable under Ss. 384, 353, 504 of the Indian Penal Code and Sec. 3(i)(x) of SC/ST (Prevention of Atrocities) Act 1989 in the court of C.J.M., Latehar against the accused facing the trial on 4/3/2004 and thereafter the learned C.J.M., Latehar finding the case prima facie true took the cognizance of the aforesaid offences on 9/3/2004 and the case was then made over to the Court of S.D.J.M., Latehar for disposal. Subsequently the case was committed to the Court of Sessions on 6/7/2004. After conclusion of the trial, the learned trial court passed the impugned judgment of conviction and order of sentence which is under challenge in this appeal.