BABU LAL AGHARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5.2.1993 passed by Additional Special Judge, Raigarh, in Special Criminal Case No. 48/1992 convicting the accused/appellant for the offences punishable under Sections 294 and 323 IPC and Section 3(1)(10 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short "the Act") and sentencing him to undergo rigorous imprisonment for two months under Section 294 and 323 IPC each and to undergo rigorous imprisonment for six months and pay fine of Rs. 500 under Section 3(1)(10 of the Act.

(2.) CASE of the prosecution in brief is that on 17.10.1992 at about 2.10 p.m. FIR (Ex.P-4) was lodged by one Munaibai (since deceased) alleging that on the previous night accused/appellant came in front of her house and abused her using filthy language. Thereafter, the appellant again came there and when she went to inform the police about the incident of previous night, accused/appellant met her, abused her and also subjected her to beating in presence of Suritram (PW-2), Luturam (PW-3) and Ghanshyam (PW-4).

(3.) ON the other hand counsel for the respondent/State supports the judgment impugned and submits that though the complainant has not been examined in this case on account of her death during trial, there are eyewitnesses to the incident who have categorically stated that the complainant was abused and beaten by the accused/appellant with the help of belt and therefore the judgment impugned being just and proper need not be interfered with.