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2020 Supreme(Chh) 185

RAM PRASANNA SHARMA
MAHENDRA VAISHNAV – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
D.K. Vishwakarma, Advocate, Smita Jha, Advocate

JUDGMENT

Ram Prasanna Sharma, J. - This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 08.02.2011 passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act] in Special Session Trial No. 14/2010, wherein the said court convicted all the four appellants for commission of offence under Sections 436/34, 294, 323/34 & 323/34 of IPC, 1860 and sentenced to undergo R.I. for 4 years and fine of Rs. 1000/-, R.I. for 1 month and fine of Rs. 100/-, R.I. for 2 months and fine of Rs. 200/- & R.I. for 2 months and fine of Rs. 200/- respectively each with further default stipulations. All the sentences to run concurrently.

2. In the present case, name of the victims are Ishwar Nagarchi, Bhikham Nagarchi, Radha Bai & Thanwar Sahu. As per version of the prosecution, on 28.04.2010 at about 09:45 p.m., appellant No. 1- Mahendra Vaishnav caused injury by means of iron rod on left leg of wife of complainant namely Radha Bai whereas appellant No. 2 to 4 assaulted her by hands and fists. Further case of the prosecution is that after the assault, the accused persons abused the complainant- Bhikham Nagarchi and her

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