BEFORE THE HIGH COURT OF Q-IHA’I‘TISGARH AT BILASPUR S£EE§§§L2§§§J§2§1§ne£~299$L ‘ x APPELLANTS : l. Turatman Seni. aged 4O years, ACCUSED son o£ Mannalal aoni, resident of village - Gan§aikala, P.S. — Bodala,. Distt. Kawardha (CG). Mannalal Soni, age& 80 years, son of mrgav .r Prasad So’ni, resident of villageGanéaikala, P.S.-Bodala, Distta .Kawardha (CGL VERSUS RESPONDENT : State 9f Chhattisgarh PROSEQJTION’ Thrcugh : Collector, DisttgKawardha (CG). §22§§E_E§§§§_§§EEEQ§_§§§LQE£§§£9§§£§£§E¥EE§E 9C? PROCEWRE , 1973 : HIGH COURT OF CHHATTI56ARH AT BILA5PUR $inglg Bgngh : Hen'blg Mr. JLzstice. Pritinkgr Diwgkgr Criminal Appeal No.89a 9f 2001 APPELLANTS Tumfman Soni :5: ano'fher‘. Versus State. 0f Chhmtmgm-h I RESPONDENT $hr‘i Safish Chandra yerma, ccunsa! far the appgumm Shri Pankaj ShrivasfaQa Panei Lawyer for the 316+; ‘ 1 “CRIMINAL APPEAL UNDER SECTIN 374(2) OF THE CODF OF CiiIMINAL PROCEDURE Q R Q E R (01.04.2010) This gppeai is directed againg fhg impugned judgmgnf dqfed 3QOS£OQ1 passgd. by Spegia! Judge, Rajnandgqon in Special Case No. 168/2000 canvic’ring The accused/appellants fer- The offences punishable under $ecfions 294, 323/34, 506 Part-II and 325/34 of the Indian Penei Code and Secfion 3 (i)(x) of The Scheduled Caste as Scheduled Tribe (Pr-eventian of Almci‘riee) Act and sentencing them T9 underge simple imprisonmeni’ for Three monihs LI/S Z94 IPC, TO underga simple imprisanmenl far three monfhs u/S 323/34 IPC, Ta underge simple imprisonmenf for Three months u/S 506 part—II IPC, lo undergo rigarous imprisenmenf for ‘ihree months u/S 325/34 IPC, ta underga simple lmprisanmen’r far six monthe with fine of Rsl2,000/—-To each of The appellants, in default 0f paymem‘ of fine f0 furiher underga simple imprisenmem‘ for Two manfhs l i To each of ‘rhe appellan‘ls u/S 3 (EXX) of The Scheduled Casie & ‘ Scheduled Tribe (Prevenfion of A’rroeiiiee) Aet. £ p#7. l 2, Case of the prosecui’ion in brief is Thai on 11.12199% l ELR, (ExiP—l) was lodged by Kunwaria Bai (PW-2) alleging in i'l'j" —i l l That bmh The accused perscns am {E’oldmifh and ébout a. year back shg had plaged on ordgr' f0!" preparation af silver chain“ but despite her repeated request, the some was net given te her and on 1742:1999 when at? gbgut 3 pin ghe had gong m Cones? the said chain, accused/appalian’r No. 1 Turwmcm Seni had smfed 1110.? The said chain is n01 ready and when The. gcmplginmf demandgd back har aid siiver chain, There was same dispute between the accused persons and the complainant and both the accused persons have abused her by using filthy, jlanguage She states that she was also assaulted by the accused/appellant No Z Mannalal Sam who gave a slap on her , ‘left cheek had threatened her and she was also abused by the , name of her cgs're. She states that her-son Satr-uhan {PW-3) had Tried To infervene and he foo was abused and beaten by fhe accused/appellan’r No. 1 Turafman Sani wi‘l’h fha help of club, as a result of which he sustaingd injury on his lefi ear and also on his left hand. She further smfes Thai inaideni has been wifnessed by'Sushi! Kumar (PW-5). Afier invesi'iga’ricn and fiiing of The chalian, bath the accused person's were, prosecuted far 1he affenees punishable under Secfians 294, 323/34, 506 ParT-II and 325/34 of The Endian Pena! Code and Section 3 (ixx) of ihe Scheduied Cas’re & Scheduled Tribe (Prevention of A'rrocities) Act. 3. So as To hoid To accused/appeliam's guih‘y, prosecu‘rion‘} has examined as many as 11 witnesses in support of its case” Statements of the accused/appeiiants were aiso recorded under Section 313 of the Code of Criminai Procedure in whichi they denled the eharges leveiied eaainst them and pleadedi their innocence and false implication in the case. $4: i l l LL”, 4» During fhe pandancy of tha appeal, Tha amused/appelant No, Z Munnqlcxl Son? has expired mud, Thargfor'e, presenf appaa! canfines anly in respecf cf accused/appenant No. 1 Turcrfman Sqni, ‘5. After hearing the parties The iriai Caur‘i’ has canvicted land senienced. thg accu5ed/appeiianis for The affence. as ‘mentioned above. 1 Q, Hggrd caunsei for fha parties and perused tha materiq! i gvuiiqbig cm resord including the judgmant impugnad, 17. ‘ Counsei for The upgeiianis submits mar nc msm certificate of the victim has been proved by the prosecution _ and, ’rherefore’, under n0 gircum’smnses, the accused/appeiiam' can be canvicted for ihz offence punishablg under Secfrion 3(i)(x) of The Scheduled Caste é Scheduled Tribe (Prevenlian of Afrocifies) Ad. He furi'her submits Thai in respecf of ‘lhe other offences, he is no? pressing This appeal as fort as i'r relo‘les f0 convici’ion port of The impugned judgmen‘r ond would confine his argument To ihe sentence port thereof only. According to him, appellant No. 1 and his father (appeliant No. 2) both were prosecuted in the present case and on, account of mental torture and shock his father (appeilantjw No. 2) has already expired He further submits that incident is said to have. taken place on 11121999 Le. 11 years back,l l r l appellant Not 1 has already remained in jail for one day and,l therefore, no useful purpose would be served in sending him to l l jail and it would be in the interest of Justice if the senten¢e§ him. To this, counsel for the State has no serious objection but l imposed on ‘him is reduced to the period already undergone byj l l " he admits that prosecution has hof‘pr'oved casfe cerfificmeiof The victim. 8. In vigw cf gbove, The appeal is partly al!owed., Appellant Na. 1 is acquih‘ed of The affence punishable undgr $ec1‘ion 3(1)(x) of ‘rhe Scheduled Caste (3!. Scheduled Tribe (Prevenfian ’ 50f Atrocities) Aci and in regipgc’r of ‘ihe ofhgr affencea convictign part of ihe impugned judgmenf is maim‘aimdv ‘ Appellant No" 1 is reporled :l’o have mmained in jail for one day lQn‘d fherefcre his sentence is rsduced to the period already lundergpne l by himl However, in lieu thereqf, fine of Rsl5,000/- lis imposed 9n the appellant No; 1 and nut pf this amount >Rs.4,500 shall be given to the victim. As the appellant Nol 1 ‘ has been acquitfed of the affence‘under' Section 3(i)(x) of the Scheduled Caste 61 Scheduled Tribe (Prevention of Atrocities) Act, fine amount if already deposited by him in respect of the said offence be refunded to him. Sdl- 9i Appeal thus portly succeeds. ’ Pritinker Diwakerl Judge