2024:CGHC:27745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1098 of 2003 Man Singh, S/o Budhdhu, aged about 39 years, Occupation-Labourer, R/o Village- Sargipal, Police Chowki-Bakawand, Police Station-

Nagarnar, District Bastar (C.G.)

---- Appellant Versus State of Chhattisgarh through Station House Officer, Police Station for Scheduled Tribe Welfare, Jagdalpur, District Bastar (C.G.)

---- Respondent _____________________________________________________________

For Appellant : Mr. Malay Shrivastava, Advocate.

For Respondent/State : Mr. Sanjeev Pandey, Dy. A. G.

_____________________________________________________________

Hon'ble Smt. Justice Rajani Dubey Judgment on Board

29. 07 .2024

1. This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 17.09.2003 passed by Special Judge, (Prevention of Atrocities) Act, Jagdalpur (C.G.) in Sessions Trial No. 188/2003, whereby the said Court convicted the appellant and sentenced him as under:-

Conviction Sentence U/S 294 of IPC R.I. for one month.

U/S 323 of IPC R.I for 06 months with a fine amount

(All the substantive sentences are directed to run concurrently.)

2. Brief facts of the case are that the complainant Laxminath belongs to Scheduled Tribe category and in the village Masgaon, he has been working as a forest watchman for three years and along with him Baisakhu is also working as a forest watchman. On 10.02.2003, at about 1.00 pm, complainant Laxminath and one Baisakhu were returning from their duties to take lunch. On the way, they encountered two strangers inquiring about Sukhdas's address. The complainant and Baisakhu then escorted them to Sukhdas's house, but he was not in home. All four of them then returned. At that time, accused Man Singh came there and asked for “Beedi” and “Tobacco” from the complainant Laxminath, whereby the complainant told him that he was not having the same. The appellant disbelieved the complainant, aggressively started searching his pockets, and when the complainant, Laxminath, stopped him, the accused/appellant exploded with abusive language and slapped on his face. When this incident took place, Baisakhu, Sukhdas, Manu, Laxminath’s wife and his father were present there and they are the eye witnesses of the incident. Feeling humiliated, the complainant lodged a complaint in the Police Station A.JA.K, Jagdalpur (C.G.) on th basis of which an F.I.R. was registered bearing Crime No. 16/2003 as Ex. P/02. The Deputy Superintendent of Police D.R.S. Udke (PW-05) inspected the incident site and prepared a spot map Ex. P/03 and Caste certificate was seized regarding the caste of the complainant. Thereafter, written statements of the witnesses were recorded and if a crime is found against the accused/appellant then he will be taken into custody as per the arrest warrant Ex. P/04.

3. After completion of due and necessary investigation, offence was found against the accused/appellant, a charge-sheet was filed against him before the Court of Chief Judicial Magistrate, Jagdalpur thereafter, the case was committed to the learned Special Judge, SC and ST (Prevention of Atrocities) Act, 1989, Bastar, place-Jagdalpur (C.G.) and the accused was put to trial for the offence punishable under Sections 294, 323 of IPC and Section 3 (1) (x) of SC and ST (Prevention of Atrocities) Act, 1989 to which the appellant abjured his guilt and prayed for trial.

4. So as to hold the appellants guilty, the prosecution has examined as many as 05 witnesses namely Laxminath (PW-01), Baisakhu (PW-02), Manurath (PW-03), Sub-Inspector Kriparam Khande (PW-04) and the Deputy Superintendent of Police D.R.S. Uike (P