RAMAWATAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) A civil dispute over the ownership and possessory rights of a piece of land between the Appellant and his neighbour Prembai took an ugly turn when the Appellant allegedly not only threw a brick on the Complainant but also made filthy and slur remarks on her caste, which prompted the Complainant to lodge FIR No. 18/94 at Police Station O.E. Panna under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989 (in short 'SC/ST Act ') read with Section 34 of the Indian Penal Code, 1860 (in short 'I.P.C. '). The Appellant and his co-accused were subsequently tried, which led to the Appellant 's conviction under Section 3(1)(x) of the SC/ST Act and consequential sentence of six months rigorous imprisonment and fine of Rs. 1000/-. The Appellant challenged his conviction and sentence before the High Court of Madhya Pradesh, Jabalpur Bench but his appeal was dismissed vide the impugned judgment dated 02.08.2010.

(2.) Ramawatar (Appellant) and Prembai (Complainant), who are neighbours and live in adjoining houses, were entangled in a property dispute with respect to a portion of land over which Prembai 's house was built. On 25.06.1994, Ramawatar and his brother Katulal @ Kuddu (Co­accused) broke down a wall to make a door that opened into the house of Prembai. When this was resisted by her, a quarrel ensued between the parties and the Appellant threw a brick at the Complainant. Thereafter, this incident was reported and a complaint was lodged at Police Station, Devendra Nagar on the same date itself, and an M.L.C was also performed. Since the nature of the injury was simple, and the offence was found non­cognizable, the Police took no further steps. On the following day, i.e., 26.06.1994, when the Complainant was sitting in front of her residence, the Appellant and his brother appeared at the scene. They were visibly enraged by the fact that Prembai had lodged an F.I.R. against them. They started abusing her with repeated reference to her caste whilst also threatening her of dire consequences. After that, the Complainant and her husband Chotelal reported this incident before the Harijan Welfare Police Station, and the subject­F.I.R. under the SC/ST Act was lodged against the Accused.

(3.) The investigation commenced in light of the afore­stated facts. Upon collection of substantial evidence, Appellant and co­accused were committed to trial under Section 3(1)(x) of the SC/ST Act read with Section 34 of the I.P.C.