AMARESHWAR SAHAY, J. - (1.) THE appellants have preferred this appeal against the judgment dated 28.6.1997 passed by the 1st Additional Sessions Judge, Godda in Special Case No. 2 of 1995, whereby and whereunder, the learned 1st Additional Sessions Judge has convicted the appellants under Sections 3(1)(II) and 3(1)(X) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and has sentenced them to undergo Rigorous Imprisonment for a period of five years each except the appellant No. 6 namely Sarita Kumari who has been released one due admonition under Section 3 of the Probation of Offender Act.
(2.) THE prosecution case in short is that Vishawnath Ravldas recorded his fard began on 3.10.1991 at village Dubrajpur wherein, he alleged that on 29.8.1991 Sanjay Kumar Jha (appellant No. 3) spate on the back of his son Devendra Das near Pepal Tree while he was going on the road on the pretext that his flower had become dirty as he was a Chamar. The further case of the prosecution is that on 27.9.1991, Manoj Kumar Jha (appellant No. 1), Amol Kumar Jha (appellant No. 2), Sanjay Kumar Jha (appellant No. 3), Sarita Kumari (appellant No. 6), wife of Basudeo Jha (appellant No. 5) and Basudeo Jha (appellant No. 4) came in the Gali of the informant and abused him and his family members. Again on 30.9.1991, Manoj Kumar Jha gave a push to Dropadi Devi, wife of Vishawnath Ravidas in the lane. Manoj Kumar and Sanjay Kumar also dashed the son of the informant i.e. to Keshri Das on 16.8.1991 causing injuries on his right leg. The defence case is of false implications due to enimity.
(3.) IN order to establish the charges, altogether nine prosecution witnesses were examined and on the basis of the evidence on record, the learned trial Court convicted and sentenced the appellant, as stated in earlier paragraphs.;