Court emphasized the need for consistent witness testimonies to sustain convictions under SC/ST Act and recognized the importance of specific attribution of actions to the accused in assault cases.

JUDGMENT :

S.S. Mishra, J.

The present Criminal Appeal, is filed by the appellants under Sections 374 of the Cr. P.C., assailing the judgment of conviction and order of sentence dated 21.08.1998 passed by the learned Special Court, Mayurbhanj, Baripada in T.C. No. 7 of 1994 arising out of G.R. Case No. 6 of 1993, whereby the learned trial Court has convicted all the accused-appellants under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act and sentenced them to undergo S.I. for six months each; and convicted the appellant nos. 2, 7, 8 and 9 under Section 323 of IPC and directed to pay a fine of Rs.1,000/- each, in default, to undergo S.I. for fifteen days.

2. The prosecution case, in nutshell, is that Geli Kalandi (P.W.1) and Laxmi Kalandi (P.W.9) of Masarda village had gone to collect faggots to Makunda river bank on 30.12.1992 afternoon and it is alleged that they were misbehaved by the accused Bhaskar Chandra Mohanta (Appellant No.9) and Dibakar Mohanta (Appellant No.8). Thereafter, the matter was reported before the Ward Member, Rupai Marandi (P.W.4), subsequent to which a meeting was convened at village Masarda on 31.12.1992 at 3.00 P.M. Both the above named accused persons confessed their guilt in the meeting. When the meeting was in progress, the accused persons, namely, Bignesh Kumar Mohanta (Appellant No.1), Bhaskar Chandra Mohanta (Appellant No.9), Dibakar Mohanta (Appellant No.8), Sarat Chandra Mohanta (Appellant No.7), Barendra Nath Mohanta (Appellant No.2), Umakanta Mohanta (Appellant No.3), Ratikanta Mohanta (Appellant No.4), Laxmidhar Mohanta (Appellant No.6) and Purna Chandra Mohanta (Appellant No.5) defied the meeting announcing to beat the ‘harijan’ people and drove them out of the village. They also assaulted P.Ws. 2, 7, 8 and one Bhagirathi Kalandi and pelted stones. Thereafter, the matter was reported by the Ward Member, Rupai Marandi at Chitra Out Post on 01.01.1993.

On the basis of the aforesaid allegations, the police registered the case and investigated into the matter and thereafter filed charge sheet under Sections 323 and 294 of IPC and under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. Heard Mr. J. Katikia, learned counsel for the appellant and Mr. Raj Bhusan Dash, learned Additional Standing Counsel for the State.

4. The prosecution in order to bring home the charges examined as many as eleven witnesses, whereas the defence took a stand of complete denial of the charges and claimed trial.

5. The trial court by strongly relying upon the evidences of P.Ws.1, 2, 6, 7 and 9 recorded the following findings:-

“8. Rupai Marandi (P.W.4) has admitted in cross examination that he convened a meeting regarding the assault on Gelhi Kalandi and Laxmi Kalandi. He also admitted to have stated before the police that accused Dibakar and Bhaskar confessed their guilt in the meeting. The version of this witness finds sufficient corroboration from the independent witness P.W.5- Suresh Chandra Mohanta. He being a member of non-schedule caste of the same village, has spoken about the meeting on 31.12.92. He has also implicated the accused persons to have assaulted after the confession was made by accused Dibakar and Bhaskar. The confession part by accused Dibakar and Bhaskar has also been brought out in cross examination (para-5) by the learned counsel for the accused persons. The other witnesses i.e. P.Ws. 1, 2, 6, 7, 8 and 9 belonging to the schedule