NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR VISHAKHA BEOHAR CRA No. 207 of 2012 Digitally signed by VISHAKHA BEOHAR Judgment Reserved on 21.11.2025 Judgment Delivered on 09.01.2026

1. Jagdish Prasad Sahu, S/o Hiralal Sahu, aged about 28 years

2. Banshi Sahu, S/o Hiralal Sahu, aged about 31 years Both R/o Village Jewree Thana - Punjipathra, Distt. Raigarh C.G.

--- Appellants versus

1 - State Of Chhattisgarh, through P.S. Scheduled Castes and Scheduled Tribes, Raigarh, Distt. Raigarh C.G.

--- Respondent ACQA No. 43 of 2012

1 - Tarun Kumar Rathiya S/o. Late Pritam Lal Rathiya aged about 22 years, Occupation Agricultuist, R/o. Village Jiveri P/S. Punjipathara Distt Raigarh C.G. ---Appellant Versus

1. Jagdish Prasad Sahu, S/o. Heeralal Sahu aged about 28 years

2. Banshi Sahu S/o Hiralal Sahu, aged about 31 years Both R/o Village Jewree Thana - Punjipathra, Distt. Raigarh C.G.

3. State Of Chhattisgarh, through P.S. A.J.K. Distt. Raigarh C.G.

---- Respondents For Appellant(s) : Mr. Sanjay Agrawal, Advocate in CRA No.

207/2012 & Mr. Abhishek Saraf, Advocate in ACQA No. 43/2012 For State : Mr. Devesh G. Kela, Advocate Division Bench : Hon'ble Smt. Rajani Dubey and Hon'ble Shri Amitendra Kishore Prasad, JJ.

CAV Judgment

Per Amitendra Kishore Prasad, J.

1. CRA No.207/2012 :- This criminal appeal preferred by the appellants/accused persons herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 16.02.2012 passed in Special Case No.66/2009 by the Special Judge (under Atrocities Act) Raigarh, District Raigarh, C.G., whereby the appellants have been convicted and sentenced as under:-

2. ACQA No. 43/2012: — This acquittal appeal has been preferred under Section 372 of the Cr.P.C. by the complainant- Tarun Kumar Rathiya, challenging the acquittal of the accused persons of the offences under Section 294 of the IPC and Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act, 1989’). The complainant further prays for conviction of the accused persons for the offence under Section 302 read with Section 34 of the IPC and also seeks imposition of the enhanced sentence as mandated by law.

3.Since both the above captioned appeals arise out of the same impugned judgment dated 16.02.2012, they are being heard together and are disposed of by this common judgment.

4.Case of the prosecution, in brief, is that on 05.01.2009 at about

5:30 PM, deceased- Pritamlal Rathiya was standing in front of his house situated at Village Jiveri, Police Station Punjipathara, District Raigarh. At that time, accused-appellant No. 1, Jagdish Sahu, along with his brother, accused-appellant No. 2, Banshi Sahu, arrived on a motorcycle, abused him in filthy language in the name of his caste, threatened him to life and thereafter both assaulted him with sticks on his head and back. During the incident, Bhaina Rautia, Shankar Dansena, Tarun Rathiya, and Brijlal Rathiya were present at the spot, witnessed the assault, and attempted to intervene.

5.Thereafter, on the same day at about 9:00 PM, complainant-

Tarun Kumar Rathiya lodged a report at Police Station Punjipathara, pursuant to which, FIR (Exs. P-15 & P-16) was registered against the accused persons. The deceased, who remained under continuous medical treatment, succumbed to his injuries on 11.08.2009, i.e. approximately seven months after the incident, at K.G. Hospital, Raigarh, due to grievous head injuries sustained in the assault, resulting in registration of Merg No. 28/2009 vide Ex. P-18 at Police Station AJAK, Raigarh. Summons were issued vide Ex. P-06 and inquest proceedings were conducted vide Ex. P-5. The dead body was sent for post-mortem vide Ex. P-3A, and the post-mortem report was prepared vide Ex. P-3. The spot map was prepared vide Ex.P-17. During investigation, on 22.10.2009, the accused persons were taken into custody. Memorandum statements of the accused persons, Jagdish Prasad Sa