Judgment on Board

Per Ramesh Sinha , Chief Justice

1. Heard Mr. Vivek Mishra, learned counsel for the appellant, and Mr. Ashish Shukla, learned Additional Advocate General appearing for the State/respondent.

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2. 024, A a lt n ho a u p g p h l ic th a e tio m n a f t o te r r s is us l p is e te n d si o t n od a o y f s fo e r n t h e e n a c r e in g a n o d n g I. r A a . n t N o o f . 1 ba o il f , considering that the appellant has been in custody since 08.08.2024 and with the consent of learned counsel for the parties, the appeal is taken up for final hearing.

3. Learned State counsel submits that notice issued to the wife of the deceased (PW-2) was duly served; however, no one has entered appearance on behalf of the victim to oppose the present appeal.

4. The present criminal appeal has been preferred by the appellant under Section 14A(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act of 1989"), assailing the judgment of conviction and order of sentence dated 08.08.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Raipur, District Raipur (for short, "the trial Court"), in Special Criminal Case No. 10 of 2021, whereby the appellant has been convicted and sentenced as follows:

5. The prosecution case, in brief, is that on 19.04.2020 at about 00:30 hours, Kishore Kumar Tiwari (PW-4), a ward attendant at the Government Hospital, Abhanpur, submitted before Police Station Abhanpur a hospital memo prepared by Dr. S.D. Kanwar of the Government Hospital, Abhanpur, informing that Kamal Dhruv had been brought to the hospital in a dead condition and that the cause of his death was unknown. The said memo, dated 18.04.2020 at 10:40 p.m., was issued on the letterhead of the Jeevan Deep Samiti, Community Health Centre, Abhanpur, and addressed to the Station House Officer, Police Station Abhanpur. In the said memo, Dr. S.D. Kanwar stated that "Kamal Dhruv, son of Ramkumar Dhruv, aged about 28 years, resident of Dhodra, was brought to the hospital in a dead condition by the 108 ambulance service. The information is being forwarded for necessary legal action."

6. On the basis of the aforesaid hospital memo, Merg Intimation No.28/2020 was registered at Police Station Abhanpur. During the merg inquiry, the investigating officer visited the hospital, prepared the inquest panchnama of the dead body vide Ex.P/2, and sent the body for post- mortem examination. Upon receipt of the post-mortem report and completion of the merg inquiry, Crime No.173/2020 was registered against an unknown person. During the course of investigation, on the basis of the memorandum statement (Ex.P/1) of the appellant and the evidence collected during the investigation, a charge-sheet was filed against the appellant before the jurisdictional Court.

7. The learned trial Court framed charges against the appellant for the offences punishable under Section 302 of the IPC and Section 3(2) (v) of the Act of 1989. The charges were read over and explained to the appellant, who denied the same and claimed trial. In his examination under Section 313 of the Cr.P.C., the appellant denied the incriminating circumstances appearing against him and pleaded false implication.

8. In order to bring home the charge against the appellant, the prosecution examined 21 witnesses and exhibited 21 documents. The defence did not adduce any oral or documentary evidence in support of its case.

9. Upon appreciation of the oral and documentary evidence available on record, the learned trial Court, by the impugned judgment dated 08.08.2024, convicted the appellant of the offences punishable under Section 302 of the IPC and Section 3(2)(v) of the Act of 1989 and sentenced him accordingly, as noticed in paragraph 4 of this judgment. Aggrieved thereby, the appellant has preferred the present criminal appea