MILURAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order dated 31.3.1997 passed by Special Judge, Raipur in Special Criminal Case No. 321/1996 convicting the accused/appellant under Section 3 (1)(x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act and sentencing him to undergo rigorous imprisonment for six months with fine of Rs.500, in default of payment of fine to further undergo simple imprisonment for three months.

(2.) Case of the prosecution, in brief, is that the accused/appellant had sold about two acres of his land to the complainant for a consideration of Rs.1,75,000 out of which Rs.78,500 were paid by the complainant and registration of the land was executed. When the complainant applied for mutation, on 27.12.1997 R.S. Sonpipre, Nayab Tahsildar (PW2) came to village Paragaon for inspection of the land and recording the statement. It is alleged that when the statement of the complainant was being recorded, accused/appellant had made the utterance that (Matter in other language). On hearing this, the complainant became tense. On 28.12.1995 a letter (Ex.P1) was written by the complainant to the Collector Raipur seeking, action against the accused/appellant. Copy of this letter was also forwarded to the Minister, Superintendent of Police, Commissioner, S.H.O. and Sarpanch. This letter appears to have been forwarded by the S.P. office to the concerned police station and after preliminary enquiry offence was registered under Section 3 (l)(x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. After completing investigation, challan was filed on 22.5.1996 under Section 3(1) (x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act against the accused/appellant.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 3 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.