SUBHASH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The appellants have preferred this appeal being aggrieved by the Judgment of conviction and Order of Sentence dtd. 8/2/2006 passed by Special Judge cum 1st Additional Sessions Judge, Jamtara in Special Case No.26 of 2002 arising out of Nala P.S. Case No.89 of 2001 whereby and where under the learned court below held the appellant-accused persons guilty of having committed offence punishable under Ss. 3 (1) (v) and 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the said Act) and sentenced the appellant-accused Subhash Mahto to undergo rigorous imprisonment for four years for the offence punishable under Sec. 3 (1) (v) of the said Act and he was further sentenced to undergo rigorous imprisonment for four years for the offence punishable under Sec. 3 (1) (x) of the said Act, however the appellant-accused Namita Debi was sentenced to undergo rigorous imprisonment for six months under Sec. 3 (1) (v) of the said Act and she was further sentenced to undergo rigorous imprisonment of six months under Sec. 3 (1) (x) of the said Act. However, the sentences of both the appellants were directed to run concurrently.

(3.) The case of the prosecution in brief is that the informant/complainant is by caste Dom and a member of Scheduled Castes in the State of Jharkhand. He was a poor cultivator and labourer. He was cultivating some lands of Phulkishor Mahto in the first week of July being engaged by Phulkishor Mahto. The appellant-accused persons came to the place of occurrence and ordered the complainant not to plough the land and also threatened and abused the informant. The informant reported the matter to Phulkishor Mahto. Phulkishor Mahto made a complaint to Bindapathar Police Station on 8/7/2001. The officer in-charge of the said police station came to the place of occurrence and held enquiry and told the appellant-accused persons not to interfere in the cultivation of the land under plot No.591. The appellant-accused persons became annoyed and started saying before the villagers that they will teach a lesson to the complainant. On 30th of July, 2001 at 8:00 am when the complainant was ploughing the said land, both the appellant-accused persons appeared there armed with lathi and stones and abused the complainant by saying "Saala dome khub bere rechey, toke rape case fansabe". The appellant-accused persons threw stones at the informant whereupon the informant left ploughing and came back to his house situated nearby. The appellant-accused persons also followed the complainant up to his house continuously using abusive language against him and his community. When the complainant's wife Champa protested against the conduct of the appellant-accused persons, she was slapped by the appellant-accused person Namita. Both the appellant-accused persons abused the whole family of the complainant by saying that doms must live under the feet of the Mahatos and if the complainant and his family do not obey their orders, they would drive out the complainant and his family from the village. The occurrence took place in full public view in presence of witnesses of this case and other villagers. The complaint vide P.C.R. No.259 of 2001 was forwarded to the officer-in-charge of Nala (Bindapathar Police Station ) for institution of case and investigation under Sec. 156 (3) Cr.P.C. by the Additional Chief Judicial Magistrate, Jamtara basing upon which Nala (Bindapathar Police Station) No.89 of 2001 was instituted and police took up the investigation of the case. After completion of investigation, police submitted the police report. Charges for the offences punishable under Ss. 3 (1) (v) and 3 (1) (x) of the said Act were framed against the appellant-accused persons.