IN THE HON'BLE HIGH COURT OF CHHATTISGASRH AT BILASPUR (C.G.l CRIMmAL APPEAL No.Gi7)r) / 201 1 APPELLANT S. Ns......^.^.......,.^ sentad by Shri ..U:£.^W.. ...jy:u^.., : Madhavram Son of Vishalram, aged about 38 years, R/o'flandipasSSsca., Ward no.-23 Rajnandgaon,District- Rajnandgaon (C.G.) VERSUS State of Chhattisgarh Through:- P.S Kotvali- Rajnandgaon District- Rajnandgaon (C.G) MEMORANDUM OF CRI3MINAL APPEAL UNDER ~7^_ SECTION 374 (21 OF CRIMOTAL PROCESDURE CODE RESPONDENT TISi SARH. BILASPUI kSHi •J, 20- Siaie of Chhattisaarh. snn vtsnnu Kosma, counsel tor tne appeiiam. Shri S.K. Mishra, Panel Lawyer for the State. ( (2) Admit. (3) Considering the point involved learned counsel for She parties have agreed to argue the matter finaitv. therefore criminal appeal is heard finally. (4) Appellant and two other accused persons were tried for committing offence under Section 3(1)M of Scheduled Castes and Scheduied Tribes (Prevention of Atrocities) Act. 1989 and under Section 323 of i.P.C. before the Special Judge (Atrocities) Rajnandaaon. From the certified copies of the order- sheet recorded before the tria! Court on 31/05/2011 it appears that the parties Gomoounded the offence and move an aDoiication under Section 320 of Cr.P.C. and the said aDDllcation was ailowed wm resDeci to offence under Section 323 of iPC, however ihe tria! continued for offence under Section 3{1)(x) of Aot, 19S as the said offence was not comDoundabte. s'5) At the conclusion of the trial the imDuaned iudament vvas passed whereby the accused pereons were acquitted of the charae under Section 3(1)(x) of Ihe Act, 1989 and af the same iime ihey have been convicted under Seotion 323 of I.P.C. It is aooareni from t'ne certjfied copy of the order-sheets that for the offence under Section 323 of i.P.C. the accused persons were alreadv acauitted after acceotina the oraver for comDC®itionof offence and therefore when they were acquitted under Section 3(1)(x) of the Aot, 1989 nothina remained to be decided on meriis with resoect to offence under Section 323 of I.P.C. (G} In view of the above, fhe criminal aDoeai 1s aiiowed. Senience of fine of Rs.1,000/- imposed upon the appellani for offence under Section 323 of IP.C. is set-aside. Sd/- prashantKumarMishra Judge ^,