PUNURAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2.4.1996 passed by Special Judge, Raipur, in Special Case No. 265/1996 convicting the accused/Appellants for the offence punishable under Section 3(1)(X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Act") and sentencing each of them to undergo rigorous imprisonment for six months and pay fine of Rs. 500, in default of payment of fine to further undergo simple imprisonment for four months.

(2.) Facts of the case in brief are that on 16.10.1993 a written report Ex. P-l was lodged by complainant namely Ram Kishan Dhritlahre (PW-1) alleging that on 15.10.1993 he was called by one Bol Singh as the accused/ Appellants were quarreling with his mother. It is alleged that when he went to the house of said Bol Singh, the accused/Appellants No. 1 to 3 herein who were already present there had asked him as to who had called him there and also abused him saying "Chamar Sale". Thereafter, it is alleged that accused/ Appellant No. 4 namely Gayatri Bai also came there and she also called him "Chamar" and spat on him. Based on this report, FIR (unexhibited) was registered against the accused/Appellants for the offences under Sections 294, 506/34 IPC and 3(1)(X) of the Act and after completion of investigation, challan was filed by the police on 1.11.1994 for the said offences.

(3.) So as to hold the accused/Appellants guilty, prosecution has examined 04 witnesses in support of its case. Statements of the accused/Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.