Bala Krushna Sahoo and other vs State of Orissa

None appears on behalf of the petitioners. Heard Mr. Prem Kumar Pattnaik, learned Addl. Government Advocate for the State. The petitioners in this

application under section 482 Cr.P.C. have challenged the impugned order dated 10.07.2003 passed by the learned S.D.J.M., Balliguda in taking

cognizance of the offences under sections 147/148/341/325/294/506/149 of the Indian Penal Code and section 3(1)(x) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter “SC/ST (PA) Actâ€​).

It is the case of the prosecution as per the first information report lodged by Bhibhaban Mallick of village Katapadi that on 12.03.2003 at about 5.00

p.m. while he was proceeding on the village road, at that point of time the petitioners along with others came there in two motorcycles being armed

with lathi abused him in filthy

 language and assaulted him by lathi on his head and hand. The petitioner no.3 brought a cycle chain from the dickey of the motorcycle and

assaulted the informant. Due to such assault, the informant fell down on the ground and shouted for which persons of the locality came there and

seeing them approaching towards the spot, the accused persons decamped. The informant was shifted to Baliguda Hospital and thereafter he lodged

the first information report.

Learned counsel for the State placed the statement of the injured as well as the injury report of the informant. The injury report indicates that there

was fracture of left side ulna which was opined to be grievous in nature and it was opined to have been caused by hard and blunt object. The learned

counsel for the State submitted that the statements of witnesses clearly indicate as to how the petitioners participated in the crime and assaulted the

injured-informant which is corroborated by the medical evidence and the ingredients of the offences are made out and therefore, there is no illegality

or impropriety in the impugned order of taking cognizance.

After going through the first information report as well as the statements of the witnesses, it appears that though the informant was abused in filthy

language for which cognizance of offence under section 294 of the Indian Penal Code has been taken, but there is no clinching material that he was

intentionally insulted or intimidated by the petitioners with intent to humiliate him being a member of the Scheduled Tribe in any place within public

view. Merely because the informant is ‘Kandha’ by caste which comes within Scheduled Tribe, automatically the ingredients of the offence

under section 3(1)(x) of the SC/ST (PA) Act will not be attracted.

In absence of prima facie materials to show that there has been intentional insult or intentional intimidation and that to humiliate the informant, a

member of the Scheduled Tribe intentionally in sisir any place within public view, I am of the considered view that the ingredients of the offence under

section 3(1)(x) of the SC/ST (PA) Act are not made out and therefore, the order of taking cognizance of such offence is set aside. So far as the other

offences i.e. 147/148/341/325/294/506/ 149 of the Indian Penal Code are concerned, I find no illegality or impropriety in the impugned order and the

same stands confirmed. With the aforesaid observation, the CRLMC application is disposed of.