2026:CGHC:3796 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 688 of 2005.

Om Prakash Agrawal s/o. Girdharilal, aged about 40 years, r/o. Near State Bank, Sarkanda, Police Station Sarkanda, District Blaspur (CG).

---- Appellants Versus State of Chhattisgarh through District Magistrate, Bilaspur (CG).

---- Respondent For Appellant : Md. Ruhul Ameen, Advocate and Mr. Anurag Agrawal, Advocate.

For State : Ms. Prachi Singh, Panel Lawyer.

Hon'ble Shri Justice Narendra Kumar Vyas Judgment on Board

22-01-2026

1. The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 27-8-2005 passed by Special Judge under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Bilaspur in Special Criminal Case No. 96 of 2003 (State of Chhattisgarh vs. Om Prakash Agrawal) whereby the appellant has been convicted under Sections 294 of the Indian Penal Code and Section 3 (1) (x) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth “the Act, 1989”) sentenced to pay fine of Rs.500/-, in default stipulation further SI for seven days under Section 294 IPC and sentenced to undergo rigorous imprisonment for six months with fine of Rs.500/- for offence under the Act, 1989 in default of payment of fine to under go further SI for seven days. Both sentences are directed to run concurrently.

2. The case of the prosecution, in brief, is that the complainant/victim lodged a complaint in Police Station Harijan Kalyan Thana, Bilaspur stating therein that on 3-10-2001 at about 1.30 p.m., at Sarkanda, Bilaspur against the appellant due to some business dispute arose between the victim and accused, the accused has abused him by caste, assaulted him and also committed robbery of Rs.400/- from him. It has also been contended that when the other persons namely Krishna Kumar and Har Prasad Sharma objected the appellant, the appellant also threatened them. On the basis of complaint, FIR has been registered by the Police Station, Harijan Kalyan Thana, Bilaspur on 16-6-2002 bearing Crime No.4 of 2002 for commission of offence punishable under Sections 294, 506, 406 of IPC and Section 3 (1) (x) of the Act, 1989.

3. After completion of investigation and collection of material, the prosecution has submitted the charge sheet before the Judicial Magistrate, Bilapsur and being the offence under Section 3(1)(x) of the Act, 1989, the case was sent for trial before Special Judge (Atrocities), Bilaspur wherein the case was registered as Session Trial No. 96 of 2003.

4. In order to bring home guilt of the appellant, the prosecution has examined as many as 16 witnesses namely- Ram Bajaj (PW/1), Har Prasad (PW/2), Tulsi Das (PW/3), Kisan @ Krishna Kumar Agrawal (PW/4), Tandilal (PW/5), Adiyar Singh (PW/6), Srinivas Shukla (PW/7), Salikram (PW/8), Bharatlal Shukla (PW/9), Uma Shankar (PW/10), Narendra Kumar Tiwari (PW/11), Het Ram Manhar (PW/12), Uttam Singh Gaur (PW/13), Rajesh Kumar Dubey (PW/14), Hiralal Maravi (PW/15) and Umakant Mishra (PW/16) and also exhibited documents namely slips (Ex. P/1, P/1A, P/1B), complaint (Ex. P/2), crime detail form (Ex. P/3), property seizure memo (Ex. P/4 & P/5), residence certificate (Ex. P/6), caste certificate issued by Tahsildar (Ex. P/7), Khasra Panchshala (Ex. P/8 & P/9), report of Additional S.P. Bilaspur (Ex. P/10), arrest memo (Ex. P/11), information about arrest (Ex. P/12), FIR dated 16.06.2002 (Ex.P/13) & copy of dispatch register (Ex. P/14).Statement of accused/appellant has been recorded under Section 313 Cr.P.C., in which he denied the allegation leveled against him plead innocence and false implication. The accused abjured the guilt and entered into defence.

5. Learned trial Court, after appreciating the evidence and material available on record, vide its judgment dated 27-8-2005 has held that appellant has committed the offences under Section 294 of IPC and Section 3 (1)(x) of the Act, 1