Baiju Singh And Ors vs State Of Chhattisgarh on 8 April, 2026

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    Chattisgarh High Court

    Baiju Singh And Ors vs State Of Chhattisgarh on 8 April, 2026

    Author: Rajani Dubey

    Bench: Rajani Dubey

                                                              1
    
    
    
    
              Digitally
              signed by
    
                                                                           2026:CGHC:15983
              ABHIGYA
    ABHIGYA   SAXENA
    SAXENA    Date:
    
                                                                                      NAFR
              2026.04.13
              12:08:51
              +0530
    
    
                                    HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                   CRA No. 406 of 2009
                             1. Balju Singh, aged about 23 years Son of Shambhu Singh Thakur;
                             2. Potan Sunder Singh, aged about 51 years Son of Birjhu Singh @
                                Umend Singh;
                             3. Gopal Singh Thakur, aged about 26 years Son of Shambu Singh
                                @ Bodaki Singh;
                             4. Pawan Singh, aged about 22 years. Son of Raamau Singh
                                Thakur;
                             5. Chhote Yadav, aged about 20 years Son of Ramjhul Yadav;
                             6. Sunil Kenwat, aged about 22 years Son of Rajkumar;
                             7. Ramau Singh, aged about 63 years Son of Vishram Singh;
                             8. Shambhu Singh Son of Vishram Singh, aged about 55 years;
                                All are residents of Village Paunsara, Police Koni, Station Bilaspur
                                                          (C.G.). District
                                                                                       ...Appellant
                                                           versus
                             1. State of Chhattisgarh, Through: Anusuchit Jati Kalyan, Thana,
                                Bilaspur, (C.G.). (wrongly mentioned as Police Station Tarbahar,
                                Bilaspur in the impugned Judgment).
                                                                                 ... Respondent(s)

    For Appellant : Mr. Siddhant Tiwari, Advocate
    For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer

    Hon’ble Smt. Justice Rajani Dubey

    SPONSORED

    Judgment On Board
    08/04/2026

    1. The present appeal has been filed under Section 374(2) of the

    Code of Criminal Procedure, 1973, assailing the judgment of
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    conviction and order of sentence dated 23.04.2009 passed by the

    learned Special Judge (Atrocity), Bilaspur (C.G.), in Special

    Criminal Case No. 07/2008, whereby the appellants have been

    convicted and sentenced as under-:

      S. No.              Conviction                           Sentence
      1.         U/s. 147 of Indian Penal            R.I. for 03 - 03 months to
    
                               Code                  each accused
      2.         U/s. 341 of Indian Penal            R.I. for 01 - 01 month to
    
                               Code                  each accused
      3.         U/s. 294 of Indian Penal            R.I. for 01 - 01 month to
    
                               Code                  each accused
    

    4. U/s. 336/149 of Indian Penal R.I. for 03 – 03 months to

    Code each accused

    5. R.I. for 06 – 06 months

    with fine of Rs.500/- – 500/-

    U/s. 295 (A) of Indian Penal each, in default of payment

    Code of fine amount additional

    R.I. for 03 months each

    accused

    6. U/s.3 (1) (x) of the R.I. for 06 – 06 months
    Scheduled Caste and
    with fine of Rs.500/- – 500/-

               Scheduled                    Tribes
                                                     each, in default of payment
               (Prevention of Atrocities) Act,
               1989                                  of fine   amount additional
    
                                                     R.I. for 03 months each
    
                                                     accused
                       All the sentences shall run concurrently
    
    
    

    2. As per the report received in pursuance of the bailable warrant
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    issued on 01.04.2025 against the appellants, appellant Nos. 1, 2,

    3 and 8 have died. Accordingly, the present appeal stands abated

    in respect of appellant Nos. 1, 2, 3 and 8. Hence, the instant

    appeal is now being prosecuted on behalf of appellant Nos. 4, 5, 6

    and 7 only.

    3. As per the prosecution case, on 22.10.2007 at about 5:30 PM,

    during the occasion of Durga Visarjan at Village Paunsara, the

    accused persons, forming an unlawful assembly, are alleged to

    have assaulted the complainant, Krishnanand Suryawanshi (P.W.-

    5), by means of lathi, danda, and stones, and also abused him in

    filthy and obscene language. The incident was subsequently

    reported to the concerned Police Station, and upon completion of

    investigation, a charge-sheet came to be filed against the

    appellants. The Learned Trial Court, having taken cognizance of

    the matter, framed charges against the appellants under the

    relevant provisions of law, to which they pleaded not guilty and

    claimed to be tried.

    4. In order to prove its case, the prosecution examined as many as

    13 witnesses. Statements of the accused/appellants were also

    recorded under Section 313 of Cr.P.C. wherein they denied all the

    incriminating circumstances appearing against them and pleaded

    innocence and false implication in the case. In their defence, they

    did not examine any witness.

    5. Learned trial Court after appreciating oral and documentary

    evidence available on record, convicted the appellants and
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    sentenced them as mentioned in para 1 of this judgment. Hence,

    this appeal.

    6. Learned counsel for the appellants submits that the impugned

    judgment of conviction and sentence passed by the Learned Trial

    Court is illegal, erroneous, and unsustainable in law, having been

    rendered on a misappreciation of facts and evidence on record. It

    is contended that the Learned Trial Court has failed to properly

    appreciate the testimony of the prosecution witnesses and has

    arrived at findings which are perverse and not borne out from the

    evidence on record. The evidence adduced by the prosecution is

    stated to be contradictory, unnatural, and unreliable, and suffers

    from material inconsistencies between the statements recorded

    during investigation and those deposed before the Court. It is

    further submitted that the Learned Trial Court has not considered

    the oral and documentary evidence in its proper perspective and

    has wrongly convicted the appellants, though the overall facts and

    circumstances of the case entitle them to acquittal. The impugned

    judgment is thus liable to be set aside. It is further submitted that

    there is neither any direct nor circumstantial evidence connecting

    the appellants with the alleged offence and they have been falsely

    implicated without any cogent or credible evidence. It is also

    contended that no offence under Sections 452, 294 read with

    Section 34 of the Indian Penal Code, nor under Section 3(1)(10)

    of the Scheduled Castes and Scheduled Tribes (Prevention of

    Atrocities) Act, 1989, is made out against the appellants. Without
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    prejudice to the aforesaid submissions, it is urged that the

    sentence imposed is unduly harsh and excessive in the facts and

    circumstances of the case and, therefore, deserves to be set

    aside.

    Alternatively, it is submitted that in the event this Hon’ble

    Court is pleased to uphold the conviction of the appellants under

    Sections 147, 341, 294, 336 read with Section 149 and Section

    295-A of the Indian Penal Code, as well as under Section 3(1)(x)

    of the Scheduled Castes and Scheduled Tribes (Prevention of

    Atrocities) Act, 1989, as recorded by the Learned Trial Court, then,

    in the peculiar facts and circumstances of the case, a lenient view

    in the matter of sentence may kindly be taken. It is respectfully

    submitted that the incident in question pertains to the year 2007

    and the present appeal has been pending since 2009. The

    appellants have already undergone incarceration for a period of

    about 09 days, and during the course of trial, they remained on

    bail and have not misused the liberty granted to them. In these

    circumstances, it is most humbly prayed that the sentence

    imposed upon the appellants be reduced to the period already

    undergone by them.

    7. Per contra, learned counsel for the respondent/State supporting

    the impugned judgment, submits that the learned trial Court after

    minutely appreciation of the oral and documentary evidence

    rightly convicted and sentenced the appellants under Sections

    147, 341, 294, 336/149 and 295-A of the Indian Penal Code and
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    Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes

    (Prevention of Atrocities) Act, 1989. Therefore, this appeal being

    without any merit, is liable to be dismissed.

    8. I have heard counsel for the parties and perused the material

    placed on record.

    9. It is borne out from the record of the learned Trial Court that

    charges were framed against the appellants under Sections 147,

    148, 294, 336, 336 read with Section 149, 341 and 295-A of the

    Indian Penal Code, as well as under Section 3(1)(x) of the

    Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

    Act, 1989. In order to bring home the charges, the prosecution

    examined as many as 13 witnesses and exhibited 22 documents.

    Upon appreciation of the oral and documentary evidence available

    on record, the learned trial Court acquitted the appellants of the

    charge under Section 148 of the Indian Penal Code; however, it

    proceeded to convict and sentence the appellants for the

    remaining offences, as detailed in paragraph 1 of the impugned

    judgment.

    10. As per the prosecution case, the complainant is stated to belong

    to a Scheduled Caste and has produced a caste certificate

    marked as Ex.P/1. However, a perusal of Ex.P/1 reveals that it is

    a temporary certificate (अस्थाई प्रमाण पत्र), which is valid only for a

    period of six months from the date of its issuance, i.e.,

    26.11.2007. It is further evident from the record that the date of

    the alleged incident, as reflected in the FIR (Ex.P/18), is
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    22.10.2007, whereas the said caste certificate was issued

    subsequently on 26.11.2007, i.e., after the date of the incident, by

    the Naib Tehsildar.

    11. While dealing with the issue where the caste certificate was

    issued after the occurrence of incident, the High Court of Madhya

    Pradesh observed in the matter of Babulal Patel Vs. The state of

    M.P. order dated 15.05.2024, passed in Criminal Appeal No. 648

    of 2004, held in paras 6,7 & 8 as under:-

    6. The learned trial court has convicted the

    accused for the offence of Section 3(1)(x) of

    the Act and for this, reliance has been placed

    upon the provisional caste certificate of

    complainant, marked as Ex.P-2. It was issued

    by Tahsildar on 18.12.2002 and contents

    thereof reveal that it was issued temporarily

    while the incident of the present case occurred

    on 8.12.2002, therefore, it is clear that this

    provisional caste certificate was obtained from

    Tahsildar after the date of incident.

    7. The circular issued by General

    Administration Department of Madhya

    Pradesh Government dated 30.6.2001 with

    No.F.7-32/2000/s very relevant here because

    it came into existence prior to the issuance of

    provisional certificate of Ex. P-2 in this case.
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    This circular makes it clear that the practice of

    issuing provisional caste certificate is being

    stopped henceforth and only in exceptional

    circumstances, the provisional caste certificate

    would be issued. Those exceptional

    circumstances have also been discussed in

    the circular itself and they are:

    (1) for seeking admission in an education

    institute. (2) for applying for a Government

    job. (3) for appearing in an interview. (4) for

    applying in a Government scheme.

    Under only these four exceptional conditions

    and that too when the caste certificate is

    required immediately. the provisional caste

    certificate was supposed to be issued; for it an

    application is duly supported with the affidavit

    and the reason of urgency was to be made.

    The circular further clarifies that the validity

    period of this caste certificate would be

    maximum six months and all such cases in

    which provisional caste certificate is issued

    shall be enquired into within the prescribed

    time frame and if the applicant is not found to

    be entitled to the certificate, his provisional

    caste certificate would be cancelled.

    9

    8. The above discussed circular was in

    enforcement when the provisional caste

    certificate of complainant, marked as Ex.P-2,

    was issued by Tahsildar This caste certificate

    was issued to prove the caste of complainant

    in a criminal case. Obviously, the purpose of

    issuing this provisional caste certificate was

    not covered under the circular of 30.6.2001.

    Thus, the learned trial court was in error in

    relying upon the caste certificate of Ex.P-2

    which was issued in flagrant violation of the

    existing circular of Madhya Pradesh

    Government dated 30.6.2001. In the light of

    this observation, it is held that the caste of

    complainant was not duly proved in the case

    by any credible document.”

    12. Hon’ble Apex Court in the matter of Kumari Madhuri Patil Vs.

    Additional Commissioner, Tribal Development reported in AIR

    1995 SC 94 observed that the application for grant of social status

    certificate shall be made to the Revenue Sub- Divisional Officer

    and Deputy Collector or Deputy Commissioner and the certificate

    shall be issued by such officer rather that officer at Taluk or

    Mandal Level. This Court does not attract Section 3(1)(x) in this

    case.

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    13. Krishna Nand (P.W.-05), in his deposition before the Learned Trial

    Court, has stated that all the accused persons assaulted him and

    abused him by using filthy and caste-related language, pursuant to

    which the First Information Report came to be lodged against the

    present appellants/accused persons. Further, Ram Kumar (P.W.-

    06), Pratap (P.W.-07), Shatrughan (P.W.-08), Shiv Kumar (P.W.-

    09) and Shani Kumar (P.W.-10), in their respective depositions,

    have supported and corroborated the version of the complainant

    as deposed before the Court. However, in view of the aforesaid

    facts and circumstances of the case, and upon a careful perusal of

    the entire record, it is evident that the caste certificate (Ex.P/1) has

    been obtained subsequent to the date of the alleged incident.

    Consequently, the prosecution has failed to satisfactorily establish

    that the complainant belonged to a Scheduled Caste at the time of

    the incident. In such circumstances, the essential ingredients of

    the offence under Section 3(1)(x) of the Scheduled Castes and

    Scheduled Tribes (Prevention of Atrocities) Act, 1989, are not

    made out against the appellants.

    14. Dr. Sandeep Tiwari (P.W.-03), who conducted the medical

    examination of the injured witnesses (P.W.-04 to P.W.-16), duly

    proved the medical reports and deposed before the Learned Trial

    Court. His testimony lends due corroboration to the version of the

    complainant and other injured witnesses, inasmuch as the injuries

    noted in the medical evidence are consistent with the ocular

    testimony adduced on record.

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    15. The Learned Trial Court has meticulously appreciated the oral as

    well as documentary evidence, including the medical evidence,

    and has rightly recorded the conviction of the appellants. The

    findings so recorded are based on proper appreciation of the

    evidence of the witnesses and are duly supported by the medical

    evidence on record. Accordingly, the conviction of the appellants

    under Sections 147, 341, 294, 336 read with Section 149 and

    Section 295-A of the Indian Penal Code is hereby affirmed.

    However, the conviction under Section 3(1)(x) of the Scheduled

    Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

    is set aside.

    16. As regards the sentence, considering that the incident in

    question occurred in the year 2007 and nearly 19 years have

    elapsed since then, and further that the appellants have already

    undergone incarceration for about 09 days, have remained on bail

    for a considerable period, and have not misused the liberty so

    granted, this Court is of the considered opinion that the ends of

    justice would be adequately met if the sentence awarded to the

    appellants under Sections 147, 341, 294, 336 read with Section

    149 and Section 295-A of the Indian Penal Code is reduced to the

    period already undergone by them.

    17. In the result, the appeal is partly allowed. The conviction of the

    appellants under Sections 147, 341, 294, 336 read with Section

    149 and Section 295-A of the Indian Penal Code is hereby

    affirmed. However, the appellants are acquitted of the charge
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    under Section 3(1)(x) of the Scheduled Castes and Scheduled

    Tribes (Prevention of Atrocities) Act, 1989. So far as the sentence

    is concerned, the same, as imposed by the Learned Trial Court for

    the aforesaid offences under the Indian Penal Code, is hereby

    reduced to the period already undergone by the appellants.

    18. The appellants are reported to be on bail, therefore, their bail

    bond shall remain in operation for a period of six months from

    today in view of provision of Section 481 of BNSS.

    19. The trial Court record along with a copy of this judgment be sent

    back immediately to the trial Court concerned for compliance and

    necessary action.

    Sd/-

    (Rajani Dubey)
    Judge

    Saxena



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