HARICHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 17.8.1995 passed by the Additional Sessions Judge, Dhamtari in Sessions Trial No. 141/1994 convicting the accused/appellant under Sections 324 of the Indian Penal Code & 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Act") and sentencing him to undergo rigorous imprisonment for six months u/s 324 IPC and rigorous imprisonment for six months with fine of Rs. 300 u/s 3 (1) (x) of the Act plus default stipulations.

(2.) Case of the prosecution in brief is that on 21.1.1994 at about 12 noon complainant Hiralal - the ex Sarpanch of the village was going to his house and when he reached near the house of one Bisantinbai, he saw the accused/appellant sleeping in the courtyard of said Bisantinbai in a drunken condition. It is alleged that the complainant had asked the accused/appellant to leave the said place on account of which some altercation took place between the two in which the accused/appellant had bitten the penis of the complainant with teeth. On the basis of entry made in Rojnamcha Sanha investigation was done and on 27.7.1994 the challan was filed by the police for the offences under Sections 324 of the Indian Penal Code & 3 (1) (x) of the Act.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 06 witnesses in support of its case. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. This apart, one witness namely Mina Bai (DW-1) has also been examined by the defence in support of its case.