1 2025:CGHC:11450 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1766 of 2024 1 - Rituraj Bharti S/o Late Vinod Bharti Aged About 26 Years R/o Vikasnagar Kondgaon, Thana And Dsitrict Kondagoan, Chhattisgarh ... Appellant(s) versus 1 - State Of Chhattisgarh Through Police Station Kondagaon, District Kondagaon, Chhattisgarh 2 - Chandrashekhar Thakur S/o Late D.S. Thakur Aged About 38 Years R/o Vivekanad Ward Sargipal Para Kondagaon, District Kondagaon, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Sandeep Patel, Advocate For Respondent(s) : Mr. Vivek Sharma, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 07/03/2025 1. With the consent of the parties, the present matter is heard finally. 2. This criminal appeal has been preferred by the appellant under Section 14(A)(1) of the Prevention of Atrocities Act, 1989 against 2 the judgment of conviction and order of sentence dated 07.08.2024, passed in Special Case SC ST (PA) Act, 1989 No. 08/2022 by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Kondagaon, District-Kondagaon, C.G.,whereby the appellant has been convicted and sentenced as follows:- Conviction Sentence U/s 323 of IPC Fine of Rs. 1000/-, in default of payment of fine, R.I. for 1 month 3. The prosecution case, in brief, is that the complainant namely Chandrashekhar Thakur lodged the FIR on 12.03.2021 bearing Crime No. 77/2021 in respect of the incident alleged to have been occurred on 12.03.2021 at about 6:30 pm. The FIR was lodged inter-alia on the allegations that he is lecturer at Govt Girls Higher Secondary School Kondagaon and is a national football referee. It was alleged that he went to Vikas Nagar Stadium Kondagaon and when he was closing the main door of the stadium, the main accused Nikhil Chauhan raised an objection. It was alleged that Nikhil Chouhan came to stadium and has abused the complainant in the name of his mother and sister and later he called the present appellant along with other friends and assaulted the complainant. Nikhil Chouhan also lodged the FIR on 12.03.2021 at the same time i.e. 6:30 pm in the evening in the same police station and crime no. 78/2021 has been registered against Chandrashekhar, i.e. complainant in crime no. 77/2021. 3 4. Prosecution in order to prove its case examined total 7 witnesses. Statements of appellant (accused) was also recorded under Section 313 of CrPC in which he denied all incriminating evidence appearing against him, 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/appellant in the manner as described in para 2 of this judgment. Hence this appeal. 6. Learned counsel for the appellant contended that the appellant is innocent person and have been falsely implicated in the aforesaid crime. He further contended that on the basis of the complaint and other material collected by the investigating agency on the face of the material, no prima facie offence is constituted and the essential ingredient of offence under Section 323 of IPC is missing and therefore the impugned Judgment and conviction is liable to be dismissed. 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 the findings recorded by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Kondagaon, District- Kondagaon, C.G. holding the accused/appellant guilty under Section 323 of IPC being based on proper appreciation of the 4 evidence on record are fully justified and do not call for any interference in this appeal. 8. PW-1/ Dr. Yash Jajodiya in medical report of Chandrashekhar Thakur (Ex. P/1) given by him has mentioned that Blood clot in both nostril, Pain in chest, pain in right arm caused by hard and blunt object, super facial abrasion of size 1 cm x 1 cm below left eye and 1 cm x 2 cm over manubrium sterni, linear abrasion on right side of neck of size 4 cm x 0.5 cm caused by hard and rough object. According to Doctor, all injury are simple in nature till no further complication arises. In medical report of Deepesh Yadav (E. P/2) the doctor has mentioned pain over back at scapular region and pain over left side of chest. 9. P.W.-03/ injured has deposed in his statement that the incident hasppened on 12.03.2021 at around 6:30 pm. He is National Football Referee. On the date of incident he was practicing in Vikas Nagar Stadium Ground. Since the vehicles were coming inside the stadium therefore, he closed the gate of the stadium. At that time the accused Nikhil Chouhan and Raghvendra Rao came and started abusing him in filthy language after which he went to the ground for practice. Then accused Nikhil Chouhan called Siddharth Shrivastava and other accused persons and asked them to come to the Stadium ground Kondagaon. All the accused persons came and started abusing him and his student Deepesh Yadav and committed marpeet with them as a result of which his nose started bleeding. 5 10. P.W.-04/ Deepesh Yadav (eye-witness) has deposed that on the date of incident , i.e., on 12.03.2021 at around 6:30 in the evening he was practicing football in the Stadium Ground Vikas Nagar. He saw that Chandrashekhar Thakur was also coming in the Stadium Ground for practice. Accused Nikhil Chouhan and Raghvendra Rao was also entering the Stadium Ground on their bike then Chandrashekhar Thakur asked the accused persons not to bring their bike inside the stadium ground upon which the dispute started between the parties and the accused persons started committing maarpeet with Chandrashekhar Thakur. He has admitted in para 5 that all the accused persons who were committing maarpeet with Chandrashekhar Thakur knew that Chandrashekhar Thakur is a teacher, football player and is a member of reserved category. 11. From perusal of the statement of the witnesses it is crystal clear that there was no previous enmity by and between the parties. 12. Thus considering the facts and circumstances of the case, particularly the fact that the dispute arose between the parties for closing the gate of the stadium ground, considering the statements of the witnesses, keeping in mind the report of Doctor (Ex.P-1), this Court has no hesitation to hold that the findings recorded by the Special Judge [SC & ST (Prevention of Atrocities) Act] Kondagaon, District-Kondagaon (C.G.) convicting the accused/appellant under Section 323 IPC are based on due appreciation of the evidence on record and deserve to be and are hereby maintained. 13. Accordingly, the present Criminal Appeal is dismissed. 6 14. Since the appellant being convicted for an offence which does not involve moral turpitude, therefore, it is made clear that the conviction of the appellant will not affect his service career in any manner. Sd/- (Arvind Kumar Verma) JUDGE Madhurima