KEWAL SAI Vs. SUKHLAL

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction and sentence dtd. 24/8/99 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ambikapur in Special Criminal Case No.286/97 convicting the appellant under Sec. 447 of the IPC read with Sec. 3(1)(iv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') and sentencing him to undergo RI for 6 months, the appellant has preferred the present Appeal.

(2.) Case of the prosecution is that complainant Sukhlal has filed a complaint case against the appellant and after preliminary enquiry as also after examination of the complainant and his witnesses, a case was registered against the appellant on 18/10/1994 under Ss. 323, 506-II and 447 of the IPC read with Sec. 3 (1) (v) and (viii) of the Act and other two accused namely, Digamhila and Vijaypatheen, wife of the appellant have been discharged. The other accused namely, Bhongi has died. Vide impugned judgment, the trial Court has acquitted the appellant of the charge under Ss. 323 and 506-II of the IPC whereas convicted him for the charges as mentioned above.

(3.) Allegation of the complainant is that the appellant has unauthorizedly trespassed his land bearing Khasra No.164, ad measuring 0.061 hectare at village Sargawan. The complainant had sown the crops of Corn and Millet and on 9/6/1993 at about 8-9 am, the appellant along with others entered his field having weapons with them and damaged the crop sown by the complainant. The complainant has lodged a report before the Police Station Ambikapur, but no action was taken on his complaint. So, the said complaint has been filed in which the impugned judgment has been passed.