Order On Board

14/11/2017

1. This appeal has been preferred against the judgment of conviction and order of sentence passed by the Sessions Judge, Janjgir Champa in Special Sessions Case No.145/2007 on 14.12.2007, whereby the appellant has been convicted under Section 325 of the IPC and is sentenced to undergo R.I. for 1 year and to pay fine of Rs.500/- with usual default stipulation. The charge-sheet was filed under Sections 294, 506-II & 325 of the I.P.C. and Section 3 (1) (10) of the Scheduled Tribes & Scheduled Castes (Prevention of Atrocities) Act, 1989 (for short 'the Act, 1989'), however, the conviction was made only under Section 325 of the I.P.C.

2. As per the prosecution case, on 15.06.2007 near the house of the complainant Samaru Kanwar one fertilizer pit (Dhurwa) was prepared, wherefrom the father of the appellant Berecharam Kewat, his wife and his son were taking out the fertilizer, which was objected by the complainant Samaru Kanwar on the ground that because of such fertilizer pit dirt and filth spreads near his house. Such objection turned into hot exchange of words and at that time, the appellant came and caught hold of the hand of the victim Samaru and threw him ove