JAGARNATH PRASAD SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant stood convicted for committing offence punishable under Sections 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (herein after referred to as "the Act"), and has been sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 500/- and in default of the payment of fine, he was further sentenced to under S.I. for six months. The aforesaid judgment of conviction and order of sentence has been passed by the 1st Additional Sessions Judge-cum-Special Judge, Gumla vide order dated 02.12.2006 and 04.12.2006 respectively, in G.R. No. 882 of 2000.

(2.) A first information report was registered on the basis of the fardbeyan of the informant Jaymuni Devi (PW-4), stating therein that she is a poor Scheduled Tribe widow. The land of her father-in-law Late Nima Oraon bearing Khata No. 46 Plot No. 534, area 30 decimals at mauza Chetar, has been illegally occupied by Jagarnath Prasad Sahu, S/o Late Net Lal Sahu (appellant herein). She stated that her father-in-law had constructed a house over the said land and the land and house belongs to her husband. She further stated that appellant Jagarnath Prasad Sahu, who was her tenant, after preparing a forged hukumnama, occupied the said land and house. She further stated that she filed a case in the Court of LRDC, who passed an order in her favour and accordingly, the government issued rent receipt in the name of her father-in-law Nima Oraon from the year 1957 till 1991. She further stated that the appellant illegally got prepared rent receipt for the year 1984-85 in the name of his father Netlal Sahu and thus by playing fraud he illegally grabbed the land of a poor scheduled tribe lady. She further stated that she filed several representation before the Circle Officer and S.D.O., but no order was passed on her representation therefore, she filed this application under the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against this appellant for taking legal action.

(3.) On the aforementioned written report, Gumla P.S. Case No. 256 of 2000, was registered against the accused appellant under Sections 420, 467, 468 of the Indian Penal Code and Section 3 (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.