BAHUR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 01.04.1997 passed by the Special Judge, Raipur in Special Case No. 240/96 convicting the accused/appellant under Section 3(1)(x) 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. 500, in default of payment of fine to further undergo simple imprisonment for four months.

(2.) Case of prosecution in brief is that 19.12.1995, written report Ex.P-1 was lodged by Rajkumar sonwani (PW-1) alleging that on 18.12.1995 at the eve of Guru Ghasidas Jayanti, a function was organized in the village and in the said function, accused/appellant abused him by calling chamar. Based on this report, FIR (Ex.P-2) was registered against the accused/appellant on 19.12.1995 under Sections 3(1)(x) and 3(1)(xi) of the Act. After inves6tigatyion, challan was filed on 29.01.1996 under Section 3(1)(x) of the Act.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 3 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. This apart four defence witnesses have also been examined in support of its case.