JUDGMENT :

1. The appellants have preferred the appeal against the judgment of conviction and order of sentence dated 19th March, 2003 passed by Special Judge under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Bastar, District Jagdalpur in Sessions Trial No. 523/2003 whereby the appellants have been convicted under Sections 294, 323/149 of the Indian Penal Code and Section 3 (1)(x) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth “SC & St Act”) and sentenced to undergo RI for one month, u/S 294 IPC, to undergo rigorous imprisonment for six months with fine of Rs.500/-, u/S 323/149 IPC and to undergo RI for one year & six months with fine of Rs.500/-, u/S 3(1)(x) of the SC/ST Act with further default stipulations. All the sentences are directed to run concurrently.

2. Since appellant No. 1 – Pilla Bai has already expired, therefore, this criminal appeal so far relates to appellant No. 1 – Pilla Bai is concerned, stands abated.

3. Perusal of the record would go to show that on the basis of written complaint (Ex.P-10) filed by Victims namely Rupnath (PW-2) & Fulo Bai (PW-4), FIR (Ex. P-14) has been registered against the present appellants & other co-accused persons under Sections 147, 341, 323 & 294 of the IPC & Section 3 (1) (x) of the SC/ST Act, before the Police Station Bhanpuri, District Bastar. After usual investigation and after collecting material, final report for commission of offence under Sections 147, 341, 323 & 294 IPC & Section 3(1)(x) of the SC/ST Act has been submitted before the Chief Judicial Magistrate, Jagdalpur, who in turn committed the case to the Special Judge, SC/ST Act, Bastar, which was registered as Session Trial No. 523/2003.

4. In order to bring home the guilt of appellants, the prosecution has examined as many as 8 witnesses namely- D.R.S. Uike (PW/1), complainant - Rupnath.(PW/2), Chakkar (PW/3), Fulobai (PW/4), Babulal (PW/5), Dayaram Baghel (PW/6), Dr. K.S. Paikra (PW-7) & S.N. Shukla (PW-8). Statement of accused/appellants have been recorded under Section 313 Cr.P.C., in which they denied the allegation leveled against them and pleaded innocence and false implication. Apart from this, one defence witness namely Lakhmuram Kashypa (DW-1) has also been examined. Learned trial Court, after appreciating the evidence and material available on record, vide its judgment dated 19.03.2004 has held that appellants have committed the aforesaid offences and thereby convicted and sentenced them for the offences as mentioned in opening paragraph of the judgment.

5. Being aggrieved and dissatisfied with the aforesaid judgment of conviction & order of sentence, instant criminal appeal has been preferred by the appellants challenging the same. This court while admitting the instant appeal on 08.04.2004, has granted bail to the appellants and since then they were regularly appearing before the concerned trial Court.

6. Learned counsel for the appellants would submit that the appellants have been falsely implicated in this case, as there is some dispute between the appellants & victim on petty issues. He submits that the appellants are now the old aged persons and they are regularly appearing before the trial Court in compliance of the bail order dated 08.04.2004 and subsequently before this Court also. He would submit that the offence under Section 3(1)(x) of the SC/ST Act is not made out against the appellants, as in the instant case, caste certificate of the victims has been issued by the Sarpanch of the village, which was taken into consideration by the trial Court while convicting and sentencing the accused/appellants under Section 3(1)(x) of the SC/ST Act whereas the said certificate is of no avail to the prosecution, as it has not been issued by the competent authority in view of the judgment of Hon’ble the Supreme Court in the matter of Ku. Madhuri Patil v. Addl. Commissioner, Tribal Development, reported in AIR 1995 SC 94 wherein the