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2020 Supreme(Chh) 82

RAM PRASANNA SHARMA
MAHETAROO – Appellant
Versus
STATE OF CHHATTISGARH, THROUGH: ANUSUCHIT JATI KALYAN POLICE STATION, BILASPUR – Respondent


Advocates Appeared:
Shipra Biswas, Advocate, Raghvendra Verma, Advocate

JUDGMENT

Ram Prasanna Sharma, J. - This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 28.02.2003 passed by Special Judge [under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989] (for short "the Act, 1989"), Bilaspur (C.G.) in Special Case No. 144/2001, wherein the said court convicted the appellant in the following manner with further default stipulation:-

Conviction

Sentence

U/s 447 of IPC

:

S.I. for 1 month
U/s 3(1)(iv) of the Act, 1989

:

S.I. for 6 months & fine of Rs. 300/-
U/s 3(1)(v) of the Act, 1989

:

S.I. for 6 months & fine of Rs. 300/-

2. In the present case, complainant is Dhansingh who is owner of the house which is constructed in land bearing Survey No. 1/k-k/37 area admeasuring 1.00 acre at Village- Baridih, Patwari Halka No. 7, Revenue Circle- Ratanput, Tahsil- Kota which was rented to the appellant and when the complainant asked him to vacate the said premise, the appellant refused to vacate the said house and also possessed bed, table, chair, wa

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