ASHOK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellants have faced the trial in G.R. No. 3009/1995 arising out of Dhanbad (Dhansar) P.S. Case No.656/1995 dated 17.08.1995, registered u/s 147, 341 and 323 of the IPC and u/s 3(i)(x) and 3(i)(xi) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act before the court of Sri O.P. Pandey No.1, Ist Addl. Sessions Judge cum Special Judge, Dhanbad, who by judgment of conviction and order of sentence dated 18.12.2004 acquitted them from the charges under Section 3(i)(x) and 3(i)(xi) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act but held them guilty under Section 341 and 323 of the IPC and awarded them a fine of Rs. 200/- each under Section 341 of the IPC and Rs. 500/- each u/s 323 of the IPC and in default of payment of fine, they are sentenced to undergo S.I for 4 months each.

(2.) It appears that this appeal has been filed on 25.01.2005 and thereafter, it was admitted for hearing on 24.03.2005. From perusal of the order-sheet, it appears that the appellants have already deposited the fine amount.

(3.) The prosecution case, in short, is that the Fardbeyan of the victim- Sunita Kumari was recorded on 17.08.2005 in which she had alleged that on 16.08.1995 at about 4.00 p.m. when she went to fetch a rope from her house to tie buffalo, meanwhile the appellant, namely, Ashok Kumar and three sons of Shankar Chamar came and started abusing her by taking her caste name and assaulted her with slaps and fists due to which she received injuries.