GAJADHAR LAL SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 15.3.1999 passed by Special Judge, Raipur, in Special Sessions Trial No. 35/1998 convicting the accused/appellant for the offence punishable under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and sentencing him to undergo rigorous imprisonment for six months and pay fine of Rs. 500, in default of payment of fine to further undergo rigorous imprisonment for 10 days.

(2.) CASE of the prosecution in brief is that on 25.1.1998 a written report (Ex. P-1) was lodged by one M.L. Ramteke (PW-1) stating therein that at the relevant time he was working as Deputy Director in Panchayat and Social Welfare Department, Raipur where the accused/appellant was posted as watchman. On the basis of said written report FIR (Ex.P-3) was registered on 5.3.1998. It is alleged that on 25.1.1998 the accused/appellant did not report on duty for preparation of republic day celebration on the next day. It is alleged that at about 10 p.m. the accused/appellant came to the house of the complainant in a drunken condition and when he made certain enquiry from him, he started abusing him saying that he belonged to chamar caste. It is also alleged that the accused/appellant intimidated the complainant by holding his collar.

(3.) ON the other hand, counsel for the respondent/State supports the impugned judgment and submits that the same being strictly in accordance with law does not call for any interference in this appeal. He submits that once the statement has been made by the complainant in the Court that he is a member of scheduled caste category, prosecution is not required to produce any caste certificate. He further submits that the incident had taken place within the public view and therefore the judgment impugned convicting and sentencing the accused/appellant is just and proper.