2026:CGHC:7013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1579 of 2016

1 - Porendra Diwedi S/o Late Shri Shiv Dulare Diwedi, Aged About 30 Years R/o Sector 05/922, Telgu Basti, Balko Nagar, District Korba, Chhattisgarh., Chhattisgarh

2 - Pushplata Diwedi W/o Porendra Diwedi, Aged About 23 Years R/o Sector 05/922, Telgu Basti, Balko Nagar, District Korba, Chhattisgarh., District : Ko-

rba, Chhattisgarh ... appellant(s)

versus State Of Chhattisgarh Through The Police Of Police Station Civil Line A J A K, Korba, District Korba, Chhattisgarh., Chhattisgarh ... Respondent For appellants : Mr. Sandeep Dubey, Advocate For Respondent : Mr. Rishi Raj Pithawa, Dy. G.A.

For Complainant : Mr. Praveen Soni, Advocate Hon'ble Shri Justice Arvind Kumar Verma,

Order on Board

09/02/2026 Digitally signed by JYOTI JHA Date: 1. With the consent of the parties, the present matter is heard finally.

2026.02.18

17:10:55 +0530

2. This criminal appeal has been preferred by the appellants against the judgment of conviction and order of sentence dated 29.11.2016, passed in Session Trial No. 30/2009, by which the learned Special Judge, (SC/ST Act) Korba, District Korba, (CG), whereby the appel-

lants have been convicted and sentenced as follows:- Convicted under Sec- Sentenced to tions

452 of the IPC to both the R.I. for 2 years with fine of Rs.

appellants 2000/- and, in default of pay-

ment fine, additional R.I. for 6 months to each of the appel-

lants.

323/34 of the IPC to both R.I. for 2 years with fine of Rs. the appellants 1000/- and, in default of pay-

ment fine, additional R.I. for 2 months to each of the appel-

lants.

506 Part-2 of the IPC to R.I. for 2 years with fine of Rs. both the appellants 1000/- and, in default of pay-

ment fine, additional R.I. for 2 months to each of the appel-

lants.

3. The prosecution case, in brief, is that the complainant, Omprakash Kurre, is employed as a Constable and resides with his wife at Quarter No. 240/A, Sector-5, Balco Nagar. The complainant belongs to the Scheduled Caste community. Owing to a love relationship between the complainant Omprakash Kurre and Snehalata Sharma, both solem- nized an inter-caste love marriage at Giroudhpuri Dham. On 28.02.2009, the complainant returned home with his wife Snehalata af- ter taking her to a doctor for a medical check-up. At about 4:00 p.m. on the same day, Snehalata’s sister Pushpalata Dwivedi and her husband Porendra Dwivedi knocked at the door of the complainant’s house. When Snehalata opened the door and the complainant also came near the entrance, the accused Porendra Dwivedi and Pushpalata Dwivedi forcibly entered the house. Thereafter, the accused persons abused the complainant’s wife Snehalata Kurre by uttering caste-based and ob- scene insults, stating words to the effect that she had married a “Chamar” and had become a “Chamarin,” and also hurled similar caste-based abuses at the complainant Omprakash Kurre. The ac- cused further assaulted the complainant and his wife with fists and blows, abused them in filthy language and threatened them with dire consequences. Hearing the commotion, neighbours gathered at the spot. When the complainant stated that he would lodge a report at the police station regarding the incident, the accused persons again in- sulted and humiliated him by using caste-based abuses inside and out- side the house and thereafter fled from the spot. On 01.03.2009 at about 1:40 p.m., the complainant lodged a report at Police Station Balco Nagar, whereupon First Information Report No. 84/2009 was reg- istered for offences punishable under Sections 294, 323, 506, 452 read with Section 34 of the Indian Penal Code and under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the matter was taken up for investigation. During the course of investigation, the medical examination of the complainant was conducted; statements of the complainant Omprakash Kurre, Sneha- lata Kurre, Sushila Bai and Somchand were reco