AHIWARAN Vs. STATE OF MP

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th of November, 1994, passed in Special Criminal Case No.320/1991 by the Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Raipur. By the impugned judgment, the appellants have been convicted under Section 3 (1) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Special Act') and sentenced to undergo R.I. for 6 months and to pay fine of Rs.500 with default sentence of S.I. for 3 months.

(2.) The facts briefly stated are as under:

(3.) The learned Special Judge held that on the evidence available on record, no offence was made out against Vishnu Manohar Dubey (accused No.5) and Shamshuddin (accused No.6), therefore, these two accused persons were acquitted. However, the 4 appellants (accused 1 to 4) were convicted under Section 3(1) (v) of the Special Act.