1 2025:CGHC:17560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1644 of 2018 1 - Guddu @ Adarsh Joy S/o P.G. Joy Aged About 25 Years R/o Lig-3, Sada Colony, Jamnipali, Police Station- Darri, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 2 - Sajid Kutti S/o Mohammaad Kutti Aged About 27 Years R/o Lig-6, Sada Colony, Jamnipali, Police Station- Darri, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Appellant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Aidm Jati Kalyan Thana, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Pawan Shrivastava along with Mr. Ashutosh Shukla, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 16/04/2025 1. With the consent of the parties heard finally. 2. This criminal appeal has been preferred by the appellants against the judgment of conviction and order of sentence dated 2 29.09.2018, passed in Special Criminal Case No. 11/2016 by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, District-Korba, C.G., whereby the appellant has been convicted and sentenced as follows:- Conviction Sentence U/s 341 r/w 34 of IPC S.I. for 7 days and fine of Rs. 50/-, in default of fine, S.I. for 1 day to each appellant. U/s 3(2)(v-a) of SC & ST (Prevention of Atrocities) Act, 1989 S.I. for 6 months and fine of Rs. 50/-, in default of fine, S.I. for 15 days to each appellant. U/s 323 r/w 34 of IPC S.I. for 6 months and fine of Rs. 100/-, in default of fine, S.I. for 15 days to each appellant. U/s 3(2)(v-a) of SC & ST (Prevention of Atrocities) Act, 1989 S.I. for 6 months and fine of Rs. 100/-, in default of fine, S.I. for 15 days to each appellant. 3. The prosecution case, in brief is that, on 02.03.2018, the complainant Chandrashekhar Bharadwaj while returning from Jel Gaon at that time near Shiv Mandir, SADA Colony he was stopped by two boy, who abused the complainant in filthy language and also assaulted with him at that time his friend Jiti came there and took him towards Police Station, but on that day no report was registered, therefore on 0303.2018 he made a written complaint before the police. On the basis of the said report, the offence under Sections 294, 323, 341, 34 of IPC and Section 3(1)(x) of SC & ST Act registered against the appellants and on completion of 3 investigation, the charge sheet was submitted before the court below against the accused including the present appellants. 4. Prosecution in order to prove its case examined total 8 witnesses. Statements of appellants (accused) were also recorded under Section 313 of CrPC in which they denied all incriminating evidence appearing against them, pleaded innocence and false implication. However, no evidence was adduced by them in their defence. 5. After hearing counsel for the parties and appreciating evidence available on record, the trial Court vide impugned judgment convicted and sentenced the accused/appellants in the manner as described in para 2 of this judgment. Hence this appeal. 6. Learned counsel for the appellants contended that the appellants are innocent person and have been falsely implicated in the aforesaid crime. He further contended that the appellants and the complainants were not knowing each other prior to the incident. Also, the appellants did not knew that the complainants are the member of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 7. On the other hand, counsel appearing for the State supports the judgment impugned and submits that taking into consideration the statements of the witnesses which gets corroboration from the testimony of other independent witnesses, the findings recorded by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, District-Korba, C.G. 4 holding the accused/appellant guilty under Section 341 and Section 323 r/w 34 of IPC and Section 3(2)(v-a) of SC & ST Act, 1989 being based on proper appreciation of the evidence on record are fully justified and do not call for any interference in this appeal. 8. P.W.-01/ Dr. R.S. Painkara has prepared the medical report (Ex. P/1) of injured Chandrashekhar Bharadwaj wherein he found black in colour below the left eye of size 3cm x 1.5 cm, redness over the left eye, pain over the left posterior part of chest but no redness is seen. All the injuries are simple in nature and caused by hard and blunt object. The injuries sustained by the injured occurred 28 to 30 hours prior to the examination. 9. P.W.-02/ father of injured has deposed in his statement that the incident took place during the Holi festival of 2018. his son left home at around 11:30 in the morning to meet his friends. In the evening his son returned home and he left the house and went towards Paan stall in the locality where he came to know that his son had been beaten up. When he returned home and asked his son about the incident then his son told him that when he was coming back home, there were two boys standing on the road one is called Madrasi whose name is Adarsh Joy and other boy is called Putti whose name is Sajid Putti and the dispute started over asking for a way. The two boys refused his son to give way and started committing marpeet. 5 10. P.W.-03/ Chandrashekhar Bharadwaj has deposed in his statement that on 02.03.2018 on the day of Holi festival he took his scooty and left his home around 11:00- 11:30 am to meet his friends at Jel Gaon. He was returning from Jel Village at around 02:30 in the noon where near Shivmandir road the two boys namely Adarsh Joy and Sajid Kutti were standing by blocking the road. When he asked the two boys to give him the way then they started abusing him in filthy language and started committing marpeet. After this incident he met one Jitendra (Jiti) who asked him that who has committed maarpeet with him upon which he told Jitendra that two boys committed maarpeet with him then Jitendra took him upon his bike to Police Station Darri and he went inside the Police Station Darri and asked to lodge the complaint then the person present there told that today on the day of Holi festival no complaint is filed. Then the next day,i.e. on 03.03.2018 he went along with his father to Police Station Darri and lodged the report by written complaint which is Ex. P/2. 11. In the cross-examination, P.W.-03/ injured has admitted that he has not written the name of the accused persons in his written complaint (Ex. P/2). He also admitted that he has not written that he knows the accused persons prior to the incident. He has admitted that it is correct to say that on the festival of Holi, people cannot be recognized by applying color on the face, wearing a mask and wearing fake hair. 6 12. From perusal of the statement of the witnesses it is crystal clear that there was no previous enmity by and between the parties. The accused persons and the injured/victim did not know each other prior to the incident. Therefore, the allegations made by the injured upon the accused persons that they abused the injured on the basis of his caste is quite doubtful because when the two persons did not knew each other prior to the incident then it is not possible for them to know that the injured belong to the Scheduled Caste community. Also, the injured/ P.W.-03 has admitted in para 9 that he has not mentioned in his written complaint (Ex. P/2) that the accused persons had abused him casteism. 13. It is also pertinent to mention here that P.W.-03/injured has admitted in para 7 that he has not mentioned the name of the accused persons in his written complaint (Ex. P/2). Therefore, in the considered opinion of this Court the learned Special Judge [SC/ST (Prevention of Atrocities) Act] District-Korba (C.G.) has wrongly convicted the present appellants under Section 3(2)(v-a) of SC & ST (Prevention of Attrocities) Act, 1989. 14. Accordingly, the appellants namely Guddu @ Adarsh Joy and Sajid Kutti stands acquitted from the charges under Section 3(2) (v-a) of SC & ST (Prevention of Attrocities) Act, 1989. 15. So far as the conviction under Sections 341 and 323 read with 34 of IPC is concerned, the evidence available on record shows that the dispute started over asking for a way by the injured. The 7 statement of the witnesses, and the medical report (Ex. P/1) prepared by the doctor shows that the learned Trial Court has rightly convicted the appellants under Sections 341 and 323 read with 34 of IPC. 16. As regards sentence, considering the facts and circumstances of the case, particularly, the fact that there is no previous enmity between the appellants and the injured/victim and the dispute arose only for asking for a way, the sentence of 7 days under Section 341 r/w 34 of IPC and sentence of 6 months under Section 323 r/w 34 of IPC imposed by the trial Court appears to excessively on the higher side and therefore, this Court is of the opinion that it would be in the interest of justice if the sentence imposed on the appellants is reduced to fine of Rs. 500/- under Section 341 r/w 34 of IPC and Rs. 1000/- under Section 323 r/w 34 of IPC, in default of payment of fine, S.I. for 1 month to both the appellants namely Guddu @ Adarsh Joy and Sajid Kutti. 17. With the aforesaid observations, the criminal appeal is partly allowed. 18. Let a copy of this order and the original records be transmitted to the trial court concerned forthwith for necessary information and compliance. Sd/- (Arvind Kumar Verma) JUDGE Madhurima