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Judgment
9 paragraphs · 277 wordsLeave granted.
This appeal is filed against the judgment and order dated 27.02.2018 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.921/2001.
The allegation against the appellants is that they with two others intentionally insulted and intimidated the complainant and made caste remarks against him.
The Trial Court convicted the appellants under Section 3(i)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the said Act') and sentenced them to undergo rigorous imprisonment for six months and a fine of Rs.500/- each, with default clause.
Learned counsel appearing for the appellants submits that it was not possible for all of them to utter the same words at the same time. He also submits that the story put forth is unnatural and unbelievable and the said entry regarding caste remarks was also without merit vis-à-vis the said Act was not attracted. He further submits that it was as a matter of vengeance and the complaint was lodged to get rid of certain incumbents at the behest of someone else.
After hearing the learned counsel for the parties, we are satisfied that the High Court ought to have discussed the evidence as well as the effect of production of the photo copy of the Panchayat register.
Without commenting on the merits of the case, we set aside the impugned judgment and order and remit the case to the High Court, with a request to deal with the appeal vis-a-vis the appellants afresh, in accordance with law.
The appeal is, accordingly, disposed of.
Pending applications, if any, shall stand disposed of.