Prabhakar Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 105 Chatt

                                   1

                                                                  NAFR
        HIGH COURT OF CHHATTISGARH, BILASPUR
                   Judgment Reserved on 17.03.2021
                   Judgment Delivered on 10.05.2021
                          CRA No. 125 of 2021
   1. Prabhakar Yadav, S/o Shri Dhanurjai Yadav, aged 40 years,
   2. Sandeep Yadav, S/o Shri Prabhat Yadav @ Prabha @ Prabhakar
      Yadav, aged 20 years,
      Both are resident of Jhagarpur, P.S. Bagecha, District Jashpur,
      C.G., Civil and Revenue District Jashpur, C.G.
                                                          ---- Appellants
                                Versus
    State of Chhattisgarh, Through Police Station Bagecha, District
     Jashpur, C.G.


                                                         ---- Respondent

For Appellants     Shri Ajay Mishra, Advocate.
For State          Shri Sameer Uraon, Government Advocate.

                 Hon'ble Shri Justice Gautam Chourdiya

                            C A V Judgment

1. In this appeal filed under Section 374(2) Cr.P.C., the appellants

have challenged the legality, validity and propriety of the

judgment of conviction and order of sentence dated 09.12.2020

passed by the Special Judge {constituted under Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989}, Jashpur, District Jashpur, C.G. in Special Criminal Case

under the SC/ST Act No.20/2018, whereby and whereunder the

appellants stand convicted and sentenced as under:-

Conviction Sentence

Under Section 294 of Indian Simple Imprisonment for one Penal Code month and fine of Rs.100/-, in default of payment of fine to further undergo simple imprisonment for one week

Under Section 323/34 of Indian Simple Imprisonment for six Penal Code read with Section months and fine of Rs.500/-, 3(2)(v)(a) of the Scheduled in default of payment of fine to Castes and Scheduled Tribes further undergo simple (Prevention of Atrocities) Act, imprisonment for one month

Under Section 427 of Indian Simple Imprisonment for three Penal Code months and fine of Rs.1,000/-, in default of payment of fine to further undergo simple imprisonment for one month

Under Section 3(1)(s) of Simple Imprisonment for six Scheduled Castes and months and fine of Rs.500/-, Scheduled Tribes (Prevention in default of payment of fine to of Atrocities) Act further undergo simple imprisonment for one month

(All sentences were directed to run concurrently)

2. Case of the prosecution, in brief, is that on the date of incident

i.e. 26.02.2018 at about 10:00 am complainant Rishi @ Abhishek

Kumar along with Ankur Vishwas, Mohit Gupta, Shubham Jaiswal

and Gautam Bhagat went to meet Ajay Suryawanshi in hotel. At

that time, accused/appellants came there on motorcycle and due

to previous enmity with Shubham Jaiswal, they started quarrelling

with him. When complainant Rishi @ Abhishek Kumar and Mohit

Gupta tried to pacify the dispute, then accused Sandeep Yadav

and Kailash Yadav started quarrelling with the complainant,

abused him filthily in the name of his caste in public place,

threatened him to kill and went from there. After some time,

Kailash Yadav, Sandeep Yadav and Prabhakar Yadav again

came there by Bolero Car and started quarrelling with the

complainant, assaulted upon him by club, abused him filthily in

the name of caste in public place and also caused damage to his

vehicle (motorcycle) and when Mohit Gupta tried to pacify the

dispute, they also assaulted upon him by club. Thereafter, written

report Ex.P-6 was submitted by Injured- Mohit Gupta informing

the police about the incident and on the basis of written report,

FIR Ex.P-7 was registered against the accused/appellants on

27.02.2018. On the same day i.e. 26.02.2018, complainant Rishi

@ Abhishek Kumar was sent for medical examination and PW-3

Dr. Jayant Ram Bhagat examined him and gave his MLC report

vide Ex.P-8 and found one lacerated wound 4 cm x 2 cm x 1 cm

on right scalp (blood clot present) on the body of the complainant.

According to him, injury present on the body of the

complainant was simple in nature and caused by hard and blunt

object. He opined that the injury was caused within six hours prior

to his examination.

3. Injured- Mohit Gupta was also medically examined by PW-3 Dr.

Jayant Ram Bhagat and he gave his MLC report vide Ex.P-9:-

◦ Abrasion 1.5 cm x 0.5 cm on right wrist.

◦ Abrasion 5cm x 1 cm on left neck.

◦ Abrasion 5cm x 0.5 cm on left cheek.

◦ Linear abrasion 5 cm x 0.1 cm on left forehead.

According to him, injuries present on the body of the Mohit

were simple in nature and caused by friction with rough surface

and pointed object. He opined that the injuries were caused

within six hours prior to his examination.

4. During investigation, Spot Map was prepared vide Ex.P-.1.

Damaged motorcycle of complainant- Rishi Paikara @ Abhishek

Kumar Paikara was seized vide Ex.P-2. Caste Certificate of

complainant- Rishi @ Abhishek Kumar Paikara Ex.P-3 was

seized vide Ex.P-4. Nuksani (Damage) Panchnama was

prepared vide Ex.P-5. One club and Bolero car were seized from

accused- Prabhakar @ Prabha @ Prabhat Yadav vide Ex.P-14.

Accused Kailash Yadav and Prabhakar @ Prabha @ Prabhat

Yadav were arrested on 16.10.2018 & 05.10.2018 vide Exs.P-13

& 15 respectively and accused Sandeep Yadav was arrested on

21.12.2018. Statements of the witnesses were recorded. After

completion of investigation, charge sheet was filed against the

appellants under Sections 294, 506(B), 323, 427, 34 of Indian

Penal Code and Section 3(1)(n)(/k) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. The trial Court framed the charges under Sections 294, 323 read

with 34, 506(B) and 427 of Indian Penal Code and Section 3(1)(s)

of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 against the appellants which were denied by

them and they prayed for trial.

6. So as to hold the accused/appellants guilty, the prosecution

examined as many as 10 witnesses i.e. PW-1 Rishi @ Abhishek

Kumar Paikara, PW-2 Mohit Gupta, PW-3 Dr. Jayant Ram

Bhagat, PW-4 Shubham Jaiswal, PW-5 Gautam Bhagat, PW-6

Sanjay Goswami, PW-7 Prashant Grahi Tigga, PW-8 Padamshri

Tamwar, PW-9 Dinesh Rajwade and PW-10 Ankur Vishwas.

Statements of the accused/appellants were also recorded under

Section 313 of Cr.P.C. in which they denied the incriminating

circumstances appearing against them in the prosecution case,

pleaded innocence and false implication. However, no witness

was examined by them in their defence.

7. The trial Court after hearing counsel for the respective parties

and considering the material available on record, by the

impugned judgment convicted and sentenced the appellants as

mentioned in para-1 of this judgment.

8. Learned counsel for the appellants submits that the trial Court

has not properly appreciated the overall evidence available on

record for holding the appellants guilty. He submits that due to

previous enmity between the appellants and the complainant,

they have been falsely implicated in this case by the complainant

party. There are material contradictions and omissions in the

statements of the complainant and other witnesses. No cogent

evidence is available on record against the appellants. Therefore,

the impugned judgment of conviction and order of sentence

deserves to be set aside and the appellants be acquitted of the

aforesaid charges.

9. On the other hand, supporting the impugned judgment learned

counsel for the State submits that conviction and sentence of the

accused/appellants are strictly in accordance with law and there

is no illegality or infirmity in the same warranting interference by

this Court.

10. Heard learned counsel for the parties and perused the

material available on record.

11. PW-1 Complainant- Rishi @ Abhishek Kumar stated in his

deposition that on the date of incident i.e. 26.02.2018 at about

10:00 am he along with Ankur Vishwas, Mohit Gupta, Shubham

Jaiswal and Gautam Bhagat went to meet Ajay Suryawanshi in

hotel. At that time, accused/appellants came there on motorcycle

and due to previous enmity with Shubham Jaiswal, they started

quarrelling with him. When he and Mohit tried to pacify the dispute,

then accused Sandeep Yadav and Kailash Yadav started

quarrelling with complainant, abused him filthily in the name of his

caste in public place, threatened him to kill and went from there.

After some time, Kailash Yadav, Sandeep Yadav and Prabhakar

Yadav again came there by Bolero Car and started quarrelling with

the him, abused him filthily in the name of caste in public place,

assaulted upon him by club, as a result of which he suffered injury

on his body and became unconscious and they also caused

damage to his vehicle and when PW-2 Mohit Gupta tried to pacify

the dispute, they also assaulted upon him by club. Thereafter,

written report Ex.P-6 was submitted by Injured- Mohit Gupta

informing the police about the incident and on the basis of written

report, FIR Ex.P-7 was registered against the accused/appellants

on 27.02.2018.

12. PW-2 Mohit Gupta is also the injured in this case. He has stated

the same facts as stated by PW-1 Rishi @ Abhishek Kumar and

supported the prosecution case.

13. PW-3 Dr. Jayant Ram Bhagat medically examined the PW-1

Rishi @ Abhishek Kumar and PW-2 Mohit vide Exs.P-8 & 9

respectively and gave his reports as mentioned in the preceding

paragraphs. He has duly proved the said reports. He has also

examined the seized club and opined that the injury suffered by

the PW-1 Rishi @ Abhishek Kumar could be caused by seized

club.

14. PW-4 Shubham Jaiswal stated in his deposition on the date of

incident he along with Rishi Paikara, Ankur Vishwas & Gautam

Bhagat were discussing about the making of online Aadhar card.

He stated that prior to the incident accused Kailash Yadav had

committed marpeet with him and he informed the police about the

same. He stated that for taking revenge of the said incident,

accused/appellants came in the hotel, quarreled with him, Rishi

Paikara and Mohit, abused them filthily and went from there. He

stated that after some time accused/appellants again came there

by Bolero car, started quarreling with complainant (PW-1) Rishi

Paikara, abused him filthily in the name of his caste and assaulted

upon him by club, as a result of which complainant sustained injury

on his head, blood was oozing from there and he became

unconscious and accused/appellants fled from there. Thereafter,

he along with his friends took the complainant to hospital for

treatment.

15. PW-5 Gautam Bhagat stated in his deposition that on the date of

incident appellants quarreled with the complainant, abused him

filthily in the name of caste in public place, committed marpeet with

him and also threatened him to kill.

16. PW-6 Sanjay Goswami, Assistant Sub-Inspector, went to the spot

and prepared the spot map vide Ex.P-1, seized the motorcycle of

complainant vide Ex.P-2, prepared the Nuksani (Damage)

Panchnama of motorcycle vide Ex.P-5, seized the caste certificate

of complainant vide Ex.P-3, sent the seized club for examination

vide Ex.P-11, arrested the accused- Kailash on 16.10.2018 vide

Ex.P-13 and recorded the statements of the witnesses.

17. PW-7 Prashant Grahi Tigga and PW-10 Ankur Vishwas also

proved this fact that all three accused persons quarreled with the

complainant- Rishi @ Abhishek, abused him filthily in the name of

his caste in public place and committed marpeet with him by club.

18. PW-8 Padamshree Tawar, SDOP, seized the club vide Ex.P-14,

arrested the accused-Prabhakar Yadav vide Ex.P-15 and also

recorded the statements of the witnesses.

19. PW-9 Dinesh Rajwade, Assistant Sub-Inspector, registered the

FIR Ex.P-7 and sent the injured- Rishi Paikara and Mohit Gupta for

medical examination vide Exs. P-17 and P-18 and duly proved the

same.

20. On a minute examination of the above evidence, it is clear that on

the date of incident i.e. 26.02.2018, the appellants had quarreled

with the complainant, abused him filthily in the name of his caste in

public place, threatened him of life and committed marpeet with

him and injured Mohit Gupta by club. The complainant has

remained firm during his cross-examination and his statement is

also supported by PW-2 Mohit Gupta, PW-4 Shubham Jaiswal,

PW-5 Gautam Bhagat, PW-7 Prashant Grahi Tigga and PW-10

Ankur Vishwas.

21. The next question which arises for consideration by this Court is

whether the finding recorded by the trial Court as to the caste of

the complainant is correct or not.

22. In this case, it is not disputed by learned counsel for the parties

that complainant Rishi @ Abhishek Kumar Paikara belongs to the

Gond Scheduled Tribe Community. PW-1 complainant also stated

in his deposition that he belongs to Kawar Caste which comes

under the category of Gond Scheduled Tribe Community and that

fact is uncontroverted in the cross-examination and also proved by

the seized caste certificate of complainant vide Ex.P-3. Thus, from

the material collected by the prosecution, I am of the view that the

prosecution has succeeded in proving the caste of the complainant

as Scheduled Tribe.

23. Thus, considering the facts and circumstances of the case and

the manner in which the offence took place as stated by the

complainant- Rishi @ Abhishek Paikara which is duly corroborated

by the evidence of PW-2 Mohit Gupta, PW-4 Shubham Jaiswal,

PW-5 Gautam Bhagat, PW-7 Prashant Grahi Tigga & PW-10 Ankur

Vishwas; the prompt FIR; the medical reports (Ex.P-8 & P-9)

proved by treating doctor PW-3 Dr. Jayant Ram Bhagat and further

considering the fact that there is no major contradiction or

omission in the complainant's statement as well as in the

statements of supporting witnesses affecting the credibility of his

version, no any evidence was adduced by the defence to prove

false implication of the appellants, the entire evidence available on

record, oral and documentary, adduced by the prosecution, the

nature of injuries suffered by the complainant and injured Mohit

Gupta and proved by the prosecution, it stands proved beyond all

reasonable doubt that it is the accused/appellants who on

26.02.2018, quarreled with the complainant, abused him filthily in

the name of his caste in public place, assaulted upon him and

injured Mohit by club and caused damage to the vehicle

(motorcycle) of the complainant by assaulting with a club, resulting

in loss of Rs.10,000/- (approx.) to the complainant. Therefore, this

Court is of the opinion that the trial Court was fully justified in

convicting and sentencing the appellants by the impugned

judgment and as such no interference is called for by this Court.

24. In the result, the appeal being without any substance is liable to

be dismissed and is, accordingly, dismissed. As per report dated

01.03.2021 submitted by Jail Superintendent, District Jail, Jashpur,

District Jashpur, C.G., the appellants having completed the jail

sentence have been released from jail on 31.12.2020. Therefore,

there is no requirement of passing any order in respect of arrest,

surrender etc. of the appellants.

Sd/-

(Gautam Chourdiya) Judge

Akhilesh