HORI LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.10.1996 passed by Special Judge, Raipur in Special Case No. 128/1996 convicting the accused/appellants for the offence punishable under Section 3 (1) (X) read with 34 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 three months.

(2.) Facts of the case in brief are that on 1.11.1995 FIR (Ex. P-1) was lodged by Ram Bagas (PW-1) alleging that on 31.10.1995 at about 8 p.m. cattle of one Indal had damaged the crop of Chandulal and when he along with some other persons namely Chanulal, Khorbahra and Asaram was taking the cattle to the cattle pond, one of the cattle sat down near the house of one Horilal and during this period, the accused/appellants came out from their house and asked them to release the cattle. It is alleged that some altercation took place between both the parties in which accused/appellants abused the complainant using filthy language and calling Chamar. Based on this FIR, offence was registered under Section 3 (1) (X) of the Act and after completion of investigation challan was filed by the police on 18.1.1996 for the said offence. However, the charge has been framed by the Court below under Section 3 (1) (X) read with 34 of the Act.

(3.) So as to hold the accused/appellants guilty, prosecution has examined 07 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 charge leveled against them and pleaded their innocence and false implication in the case. This apart, one Ram Ratan (DW-1) has also been examined by the defence in support of its case.