BUDHRAM ALIAS BHATKHUWA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 30.1.96 passed by the Special Judge, Bilaspur in Special Criminal Case No. 109/1996 convicting the accused/appellant under Section 3(1)(v) of the SC/ST (Prevention of Atrocities) Act (in short "the Act) and sentencing him to undergo rigorous imprisonment for six months and to pay fine of Rs. 300, in default of payment of fine to further undergo simple imprisonment for one month. Facts of the case in brief are that on 14.2.93, written report (Ex. P-3) was lodged by complainant Kanhaiya (PW-2) alleging that he had pledged a house with the accused/appellant for Rs. 700 from him and when he went to repay the interest amount, accused/appellant refused to accept the same. Subsequently, the appellant is said to have changed the direction of the door of his house. It is alleged that the accused/appellant had also not accepted the decision of the panchayat. Based on this report, Dehati Nalishi (Ex. P-4) was recorded on 3.3.93 and after enquiry on 1.4.93 FIR (Ex. P-6) was lodged against the appellant under Section 3(1)(v) of the Act.

(2.) So as to hold the accused/appellant guilty, prosecution has examined three witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges leveled against him and pleaded his innocence and false implication in the case. This apart, one defence witness has also been examined.

(3.) After hearing the parties, the trial Court has convicted the accused/appellant for the offence as mentioned above. Hence this appeal.