KHAMHAN AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order dated 13.2.1995 passed by Special Judge, Raipur in Special Case No. 303/1991 convicting the accused/appellants under Section 3 (1) (xv) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act and sentencing each of them to undergo rigorous imprisonment for six months. Case of the prosecution in brief is that on 1.7.1991 the report was lodged by Dahru Ram (PW-1) alleging in it that on that day the accused/appellants had entered in his enclosure (Baadi) and damaged the crop of vegetables and flowers and also beaten him. On the basis of this report, entry was made in the Rojnamcha Sanha vide Ex. P-1 and after investigation, on 24.7.1991 F.I.R. (Ex. P-5) was registered against seven accused persons under Sections 294/34 and 325 of the Indian Penal Code and Section 3 (1) (xv) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. After investigation challan was filed on 7.9.1991 under Sections 294, 147, 148, 325 of the IPC and 3 (1) (xv) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. While framing the charge, court below has framed the charge only under Section 3 (1) (xv) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act against the accused/appellants.

(2.) So as to hold to accused persons guilty, prosecution has examined seven witnesses in support of its case. Statements of the accused persons 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. Apart from this, witnesses namely Mohan Lal Sahu (DW-1) and Baluram (DW-2) have also been examined by the defence in support of its case.

(3.) During trial two accused persons namely Dauaram and Roop Singh have expired and by the impugned judgment the learned trial Court has convicted and sentenced the remaining accused/appellants as mentioned above. Hence this appeal.