Hariprasad @ Kishan Sahu vs State of Chhattisgarh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1116

BELA M. TRIVEDI, DIPANKAR DATTA
Hariprasad @ Kishan Sahu – Appellant
Versus
State of Chhattisgarh – Respondent

Advocates appeared:
For the Appellant(s) : Dr. Rajesh Pandey Sr.adv., Adv. Mr. Chandrika Prasad Mishra, Adv. Mr. Abhishek Pandey, Adv. Ms. Nishi Prabha Singh, Adv. Mr. Mahesh Pandey, Adv. Mr. Mahesh Kr Tiwari, Adv. Mr. Prashant Kumar Umrao, Adv. Ms. Mridula Ray Bharadwaj, AOR
For the Respondent(s): Mr. Gautam Narayan, AOR Ms. Asmita Singh, Adv. Mr. Harshit Goel, Adv. Mr. Sujay Jain, Adv.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The Appellant-accused by way of present appeal has assailed the Judgment and Order dated 09.02.2011 passed by the High Court of Chhattisgarh at Bilaspur, in Criminal Appeal No.324 of 2006, whereby the High Court has confirmed the judgment of conviction and order of sentence dated 09.03.2006 passed by the Special Judge, (Atrocities), Bilaspur, Chhattisgarh (hereinafter referred to as the ‘Trial Court’) in Special Criminal Case No.19 of 2005. The Trial Court in the said case while acquitting the appellant-accused from the charge under Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as the SC/ST Act), had convicted him for the offence under Section 302 of IPC and sentenced him to undergo imprisonment for life and pay a fine of Rs.1,000/-, in default thereof, to further undergo Rigorous Imprisonment for one year.

2. The case of the prosecution as unfolded by it was that on 22.07.2003, during the evening hours, Bisahu Singh (the deceased) had gone to the forest for collecting woods, however he did not come back in the night. The next day morning his wife Ganeshi Bai saw him lying i