2025:CGHC:15157 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 91 of 2016

1 - Akhilesh Yadav S/o Bigan Yadav Aged About 22 Years R/o Village Lau Gutrapara, Police Station Rajpur, Distt. Balrampur - Ramanujganj Chhattisgarh. , Chhattisgarh.

2 - Umesh Yadav S/o Maanjeet Yadav Aged About 30 Years R/o Village Lau Gutrapara, Police Station Rajpur, Distt. Balrampur - Ramanujganj Chhattisgarh. , District : Balrampur, Chhattisgarh.

... Appellant(s)

versus

1 - State of Chhattisgarh Through The Station House Officer, Police Station Rajpur, Distt. Balrampur - Ramanujganj Chhattisgarh. Rev. Distt. Balrampur-Ramanujganj And Civil Distt. Ambikapur Sarguja. , Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Ms. Seema Verma, Advocate.

For Respondent/State : Ms. Isha Jajodia, Panel Lawyer.

Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Order on Board

28/03/2025

1. This appeal has been filed under Section 374(2) of the Code of Criminal Procedure 1973, (for short the Cr.P.C.) against the judgment of conviction and sentence dated 12.01.2016, passed by Learned Special Judge( Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act) Surguja (Ambikapur) in Special Sessions Case No. 07/2012, whereby the appellants have been convicted and sentenced in the following manner:-

Conviction Sentence

354 of the Indian Penal Code RI for 06 months and fine of Rs. 1500/-, in default of payment of fine to further undergo additional imprisonment for 01 month.

323/34 of the Indian Penal Code RI for 01 month and fine of Rs. 1000/-, in for assaulting Faguna default of payment of fine to further undergo additional imprisonment for 15 days.

323/34 of the Indian Penal Code RI for 01 month and fine of Rs. 1000/-, in for assaulting Magunu default of payment of fine to further undergo additional imprisonment for 15 days.

Appellant No.2.

323/34 of the Indian Penal Code RI for 01 month and fine of Rs. 1000/-, in for assaulting Faguna default of payment of fine to further undergo additional imprisonment for 15 days.

323/34 of the Indian Penal Code RI for 01 month and fine of Rs. 1000/-, in for assaulting Magunu default of payment of fine to further undergo additional imprisonment for 15 days.

The sentences imposed upon the appellants are directed to run concurrently.

2. The brief facts of the case are that on 22.10.2011 a report has been lodged by PW-2 against the appellants with the allegation that on 21.10.2011 in the morning her husband had gone to celebrate festival to his brother's house. In the evening when he return back to his house, his wife informed him that at about 10:00 a.m. when she had gone towards field for grazing of her cattles, his neighbour Akhilesh Yadav tried to outrage her modesty by holding her hand and dragging towards field, somehow she could save herself and came back to her house. When she had gone to the appellant and asked about the incident, the present appellants abused him by the name of his caste and with filthy language and assaulted by danda and axe by which he received injuries on his body. His brother Magunu intervened and then the accused persons fled away from the place. The FIR Ex.-P/1 has been registered against the appellants for the offence under Section 354(2), 294, 506-B, 323 and 34 of IPC the injured persons Faguna PW-2 and Magunu PW-4 were sent for their medical examination to Community Health Centre, Rajpur where PW-3 Dr. Preetam Ram medically examined him and gave report Ex.- P/2 and Ex.-P/3 respectively. While medically examined the injured Faguna and the doctor has noticed one lacerated wound having 2x1 1/2 cm, margin irregular deep upto skin on left frontal region which was caused by hard and blunt object and injuries are simple in nature, whereas on the body of the injured Magunu PW-4 one lacerated wound was found having size 1x1/2 cm. on frontal region which was casued by heard and blunt object and simple in nature.

3. The spot map Ex.-P/4 was prepared by the police. Social status certificate of the injured has been seize