GAUTAM CHOURDIYA
Nagendra Kumar Gurjar S/o Ramanuj – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
1. This appeal by the accused/appellants under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is directed against the order dated 25.01.2021 passed by the Special Judge, (Atrocity Act), Surajpur, District Surajpur (C.G.) in Special Case No. 02/2021 refusing to allow their regular bail under Section 439 of Cr.P.C. for the offence punishable under Section 294, 506 (B), 323, 307/34 of IPC and 3 (1) (r) (s), 3 (2-5) of the SC/ST Act, registered at Police Station- Ajak, Surajpur, District-Surajpur. The appellants are in jail since 21.12.2020.
2. Prosecution case in brief is that on 29.02.2020 the present appellants with common intention to grab the forefather's land of the complainant Ravi Pratap Pando, were constructing temporary hut/house, when the complainant reached to the spot the appellants made offensive remarks against his caste and abused him filthily, gave threat of life and assaulted him with hands, fists and club at that point of time victim Heerasay also reached the spot, the accused persons assaulted him with axe, abused him filthily in the name of his caste and gave threat to life, as a result of which, victim
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