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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Kailash Prasad Deo, J.
Usha Devi, W/o Sunil Singh and Ors. – Appellant
Versus
The State of Jharkhand – Respondent
Cr. Appeal (SJ) No. 400 of 2004
Decided On : 04-05-2018
S.C./S.T. (Prevention of Atrocity) Act - Criminal Appeal - Section 324 of the Indian Penal Code - Section 3(xi) of the S.C./S.T. (Prevention of Atrocity) Act, 1989 - [SUMMARY OF ACTS AND SECTIONS REFERENCED] - The court discussed the violation of Rule 7 of the S.C./S.T. (Prevention of Atrocity) Rule, the sufficiency of evidence, and the competence of the investigating officer. The judgment emphasized the importance of strict compliance with the legal provisions and acquitted the appellants of the charge under Section 3(xi) of the S.C./S.T. (Prevention of Atrocity) Act due to non-compliance with Rule 7. The conviction under Section 324 of the Indian Penal Code was upheld, and the sentence was modified with the imposition of fines.
Fact of the Case:
The case involved an incident where the appellants, Usha Devi, Sangeeta Kumari, and Guriya Kumari, were convicted for assaulting and causing injuries to the informant, Fulmani Guriya, and were also charged under Section 3(xi) of the S.C./S.T. (Prevention of Atrocity) Act, 1989.
Finding of the Court:
The court found that the investigation was conducted in violation of Rule 7 of the S.C./S.T. (Prevention of Atrocity) Rule, and the evidence presented was not sufficient to prove the case under the Special Act. The court acquitted the appellants of the charge under Section 3(xi) of the S.C./S.T. (Prevention of Atrocity) Act due to non-compliance with Rule 7. The conviction under Section 324 of the Indian Penal Code was upheld, and the sentence was modified with the imposition of fines.
Issues: The issues revolved around the sufficiency of evidence, compliance with Rule 7 of the S.C./S.T. (Prevention of Atrocity) Rule, and the competence of the investigating officer.
Ratio Decidendi: The court's decision was based on the violation of Rule 7 of the S.C./S.T. (Prevention of Atrocity) Rule, the lack of sufficient evidence, and the competence of the investigating officer. The judgment emphasized the importance of strict compliance with legal provisions and acquitted the appellants of the charge under Section 3(xi) of the S.C./S.T. (Prevention of Atrocity) Act due to non-compliance with Rule 7.
Final Decision: The appeal was partly allowed with the modification of the sentence. The appellants were acquitted of the charge under Section 3(xi) of the S.C./S.T. (Prevention of Atrocity) Act due to non-compliance with Rule 7. The conviction under Section 324 of the Indian Penal Code was upheld, and the sentence was modified with the imposition of fines.
In compliance of the order dated 11.04.2018 passed by this Court, affidavit has been filed by the Officer-in-charge, Sidhgora Police Station with respect to the present status of the appellants, the same is accepted and taken on records.
2. Heard learned counsel for the appellants and learned counsel for the State.
3. The instant Criminal appeal is directed against the judgment of conviction and order of sentence both dated 20th February, 2004, passed in Special Case No.03 of 2001 (arising out of Sidhgora P.S. Case No.137 of 2000 corresponding to G.R. No.1761 of 2000) passed by the learned 1st Addl. Sessions Judge, Jamshedpur, whereby appellant, Guriya Kumari @ Parmila Kumari @ Souvinder Kumari has been held guilty for the charge under Section 324 of the Indian Penal Code and awarded sentence to undergo simple imprisonment for six months and the appellants, Usha Devi and Sangeeta Kumari are held guilty for the charge under Section 323 of the Indian Penal Code and awarded sentence to undergo simple imprisonment for two months and all the three appellants are also held guilty for the charge committed under Section 3(xi) of the S.C./S.T. (Prevention of Atrocity) Act, 1989 and awarded sentence to undergo S.I. for six months. All the sentences are directed to run concurrently, but the learned trial court has acquitted the appellants/accused for the charge under Sections 504/34 of the Indian Penal Code.
4. The prosecution case, as alleged, in the First Information Report submitted by the informant, Fulmani Guriya (P.W.4) on 30.10.2000 before the Officer-in-Charge, Sidhgora Police Station, alleging inter-alia, that she is a resident of a flat in the building of 'Bihar Military Police, Jamshedpur (now Jharkhand Armed Police). On 30.10.2000 at around 10.00 a.m., while she was unfurling her clothes on the terrace of the building, in the meantime, youngest daughter of Constable, Sunil Singh, namely, Guriya who is residing in one of the flats in same building came and she removed all the clothes and abuse the informant by saying, that the informant belongs to a low caste woman and as such, she should unfurl her clothes on the ground. On hearing brawl, the eldest sister of Guriya, namely, Sangita and her mother Usha Devi came there and caught-hold the hair of the informant and assaulted by fist. In the meantime, Guriya has bitten over the finger of right hand causing injury by her teeth. On hulla, the neighbourers came there and saved the informant. The informant has further stated that Sunil Singh is also residing in the same flat (Bihar Military Police and now Jharkhand Armed Police) at the 3rd Floor and the informant is residing in the 2nd floor. Informant has stated that she belongs to a Munda caste and as such, family members of the accused persons are always disturbing her. She has further stated, that all the three accused tried to threw her from the roof and threw all her clothes in the drain. As such, she informed the Senior Police officers of the Department regarding the same.
On the basis of the written report of the informant, the Police instituted Sidhgora P.S. Case No.137 of 2000 (dated 30.10.2000) under Sections 341, 323, 324, 504/34 and Sections 3 /4 of the S.C./S.T. (Prevention of Atrocity) Act, 1989 and the investigation was handed over to Sub-Inspector of Police, S. N. Sahay as the Investigating officer.
5. After investigation, the Police submitted charge-sheet bearing Charge-sheet No.120 of 2000 dated 13.12.2000 under Sections 341, 323, 324, 504, 34 of the Indian Penal Code and Sections 3 /4 of the S.C./S.T. (Prevention of Atrocity) Act, 1989 against Guria @ Sourvind Kumari @ Permila Kumari, Sangeeta Kumari and Usha Devi.
6. Cognizance of the offence have been taken and thereafter the case was transferred to the Court of learned Special Judge-cum-1st Addl. Sessions Judge, Jamshedpur, where charge have been framed under Sections 323 / 34, 324 / 34, 504 / 34 of the Indian Penal Code and Section 3(XI) S.C./S.T. (Preven
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