CRIMINAL APPEAL NO. …. OF 2019 @ SLP(CRL.) NO. 1907 OF 2019 NARAD PATEL VS. SATE OF CHHATTISGARH

1 Non-Reportable

      IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 883  OF 2019

(Arising out of Special Leave Petition (Criminal) No.1907 of 2019)

NARAD PATEL    …Appellant

VERSUS STATE OF CHHATTISGARH …Respondent

J U D G M E N T Uday Umesh Lalit, J.

1. Leave granted.

2. This appeal challenges the correctness of the final Judgment and Order dated 27.11.2018 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.1101 of 2002.

3. The appellant was tried in Special Case no.13 of 2002 on the file  of  the  Special  Judge,  Raigarh,  Chhattisgarh  for  having committed offences punishable under Sections 294, 506-B of IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“the Act”, for short).  It was  alleged  that  during  the  night  intervening  30.09.2001  and 01.10.2001 the appellant had cut the hedge (Medh) of the paddy field of complainant Deshiram as a result of which the field of Deshiram went without any water.  A Panchayat was called on the

CRIMINAL APPEAL NO. …. OF 2019 @ SLP(CRL.) NO. 1907 OF 2019 NARAD PATEL VS. SATE OF CHHATTISGARH

2 next day i.e. on 01.10.2001 in which the appellant allegedly abused complainant Deshiram and his brother Shyam Sunder and threatened to kill them.  It was alleged that appellant abused said complainant Deshiram and his brother who were members of a Scheduled Tribe and thereby committed offence under Section 3(1)(x) of the Act.  During the trial, certain witnesses who had attended the Panchayat Meeting were examined and the Special Judge, Raigarh by his judgment and order dated 23.09.2002 found the appellant guilty of the offences under  Section  294  IPC  and  Section  3(1)(x)  of  the  Act.   The appellant was sentenced to suffer rigorous imprisonment for three months on the first count and for six months under the second count with further imposition of fine and default sentence. The appellant was however acquitted of the charge under Section 506 IPC.

4. In Criminal Appeal No.1101 of 2002 arising from the conviction and sentence as aforesaid, the High Court affirmed the view taken by the Special Judge and dismissed the appeal by its judgment and order dated 27.11.2018, which is presently under appeal.

5. We  heard  Mr.  Vikrant  Singh  Bais,  learned  Advocate  for  the appellant and Mr. Nizam Pasha, learned Advocate for the respondent.

6. It  is  a  matter  of  record  that  the  appellant  has  already completed more than 4 months of imprisonment.

7. It has been found that the appellant was not guilty of the offence  under  Section  506  IPC  and  the  case  presented  by  the prosecution in that behalf was completely rejected.  According to

CRIMINAL APPEAL NO. …. OF 2019 @ SLP(CRL.) NO. 1907 OF 2019 NARAD PATEL VS. SATE OF CHHATTISGARH

3 the record, following certain acts committed by the appellant a Panchayat  was  held  in  which  some  abuses  were  hurled  by  the appellant.   Going  by  the  version  of  the  complainant  Deshiram himself, the expressions used by the appellant during the course of vertical altercation, did not refer to the caste or tribe that the complainant  belonged  though  such  assertion  finds  place  in  the testimony of the other witnesses.     8. Thus,  the  fact  that  the  appellant  abused  the  complainant Deshiram is quite clear and as such his conviction and sentence recorded under Section 294 IPC was fully justified.  However, going by the version of the complainant Deshiram according to which there was no reference to the caste or tribe of the complainant, there is a doubt as regards charge under Section 3(1)(x) of the Act.   

9. In  the  circumstances,  while  affirming  the  conviction  and sentence  of  the  appellant  under  Section  294  IPC,  we  grant  him benefit of doubt and acquit him of the charge under Section 3(1)(x) of the Act. 10.  The appeal is allowed to the aforesaid extent.  The appellant be set at liberty unless his custody is required in connection with any other matter.

………..…..……..……J.                                                                 

(Arun Mishra)

..………….……………J.                            Uday Umesh Lalit)

CRIMINAL APPEAL NO. …. OF 2019 @ SLP(CRL.) NO. 1907 OF 2019 NARAD PATEL VS. SATE OF CHHATTISGARH

4 New Delhi May 10, 2019.