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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Hutu Ansari @ Futu Ansar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
K. Vinod Chandran, J.
1. Leave granted.
2. The appellants were charged under Section 447 of the Indian Penal Code, 1860,1[“the I.P.C.”] and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,2[“the SC & ST Act”]. The Trial Court convicted the nine accused arraigned by the prosecution and sentenced them to undergo simple imprisonment,3[“S.I.”] of three months under Section 447 of the I.P.C. and S.I. of two years under Section 3 of the SC & ST Act with a fine of Rs.3,000/- and default sentence of S.I. of one month each. In the appeal filed, the Learned Single Judge of the High Court converted the sentence to six months S.I. under SC & ST Act and three-month S.I. under Section 447 of the I.P.C.; which were to run concurrently. Accused nos. 1 to 3, 6 and 9 are the appellants in the above case.
3. We heard Mr. Braj Kishore Mishra, learned counsel for the appellants and Mr. Vishnu Sharma, learned standing counsel for the respondent.
4. The genesis of the case is a land dispute involving the complainant and her family and accused nos. 2, 6 and 9 with respect to land admeasuring 28 decimals in khata no. 116 plot no. 698, which eventually the a
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