2026:CGHC:4092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 838 of 2005  Paras Ram Rathore, S/o Late Meluram Rathore, Aged About 58 Years, Occupation Labourer, R/o. Village Bhalpahari, Police O.P. Hardibazar, P.S. Kusmunda, District Korba (C.G.)

... Appellant versus  State Of Chhattisgarh Through S.C. & S.T. Thana Korba, Tahsil & District Korba (C.G.)

... Respondent For Appellant : Mr. Ashok Kumar Shukla, Advocate For State : Ms. Prachi Singh, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Judgment on Board

23.01.2026

1. The appellant has filed present criminal appeal under Section 374(2) of the Criminal Procedure Code against judgment of conviction and order of sentence dated 28.09.2005 passed by learned Special Judge, Korba, District Korba (C.G.) in Special Session Case No. 15/2004 whereby the appellant has been convicted and sentenced in the following manner:-

following manner:-

following manner:-

following manner:-

following manner:-

following manner:-

following manner:-

following manner:-

(Both sentences are directed to run concurrently).

Digitally signed by BHUMIKA BHUMIKAANGARE ANGARE Date:

2026.02.02 +0530

2. Case of the prosecution, in brief, is that the complainant has filed a complaint before the Police Station Incharge, Hardi Bazar alleging that the persons belonging to Satnami Community have constructed structure in the year 1993-94 at village Bhalpahari and the same has been broken by the appellant along with Rajesh @ Komal S/o Paras Ram, Ku. Manju D/o Paras Ram and Ram Dulari W/o Paras Ram. It has also been contended by the complainant that when other persons objected them then they assaulted them with stick, axes and sword, abused by caste and also threatened that they will kill them if the said structure is re-constructed by them. On the basis of complaint filed by the complainant FIR bearing Crime No. 33 of 2002 dated 25.10.2002 was registered before the SC ST Police Station Korba for commission of offences under Sections 294 and 506 of I.P.C. The prosecution after completing the investigation submitted the charge-sheet before the learned Magistrate who has committed the matter to Special Judge Korba (Atrocities Act) for trial.

3. The prosecution to prove its case has examined witnesses namely Samelal Satnami (PW-01), Jethuram (PW-02), Itwar Singh (PW-03), R.P. Tandan, Dy. Superintendent of Police, AJAK, Korba (PW-04), Johan (PW-05), Kanhaiya (PW-06), Ayodhya Prasad (PW-07), A.W. Khan, Sub Inspector (PW-08) and has also exhibited documents namely complaint (Ex.P/1), F.I.R. (Ex. P/2), Caste Certificate dated 11.11.2002 issued by Sarpanch, Village Bhalpahari, Janpad Panchayat Pali, District Korba (Ex. P/3), domicile certificate (Ex. P/4), najri naksha (Ex. P/5), seizure (Ex. P/6) and arrest/Court surrender memo (Ex. P/7 & P/8).

4. The accused have not examined any witness but they were examined under Section 317 of Cr.P.C. wherein it has been stated that the villagers have abused them and also filled the pit which has been dug out by him, also demolished Parasram’s house, broken the fence and plea of false implication has been taken. To substantiate their innocence exhibited the documents namely statements of Samelal (Ex.

D/1), Johan (Ex. D/2), Kanhaiya (Ex. D/3) and Ayodhya (Ex. D/4).

5. Learned trial Court on the basis of the evidence and material on record has convicted the accused as stated above but acquitted them for commission of offence under Section 506 of the I.P.C.. Learned trial Court while recording the conviction of the accused under Section 3(1) (x) of the S.C. and S.T. (Prevention of Atrocities) Act has taken into consideration the statement recorded under Section 313 of Cr.P.C., particularly in question No. 2 wherein the accused has admitted that complainant Samelal Satnami belongs to Scheduled Caste community, as such the fact that the complainant belonging to Scheduled Caste community is proved, therefore, on the basis of admission under Section 313 Cr.P.C. the trial Court has convicted the acc