GENDDAS Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 06.9.99 passed by Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989 (for short 'the Act'), Raipur in Special Sessions Case No. 107/98 whereby and whereunder, the Special Judge after holding the appellant guilty for intentionally insulting by saying the name of the caste of the complainant with intent to humiliate him in public place, as he belongs to Scheduled Caste community, convicted the appellant for the offence punishable under Section 3(1)(10) of the Act and sentenced him for rigorous imprisonment for six months and also to pay fine of Rs. 500/-, in default of payment of fine, to further undergo RI for ten days. The learned Special Judge also acquitted him of the offence under Sections 294 and 506 Part-II of the IPC. Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned thereby committed illegality.

(2.) As per the case of the prosecution, on 20.7.98 at about 2.30 pm, complainant Amaru Gada (PW-1) reached to the Police Station Jhura, the then District Raipur, and lodged First Information Report (Ex-P/1) against the appellant which was registered as Crime No. 37/98 under Sections 341, 294 and 506-II of the IPC and also under Section 3(1)(10) of the Act. After registration of the FIR (Ex-P/1) case diary was forwarded to SDO(P) Jagdalpur, Jagmohan Singh Bhatti (PW-10) for further investigation. The SDO(P) prepared spot map vide Ex-2, recorded statement of the witnesses under Section 161 of the Code of Criminal Procedure, 1973 (for short 'the Code'). The appellant was arrested vide Ex-P/4 and seized one spade from him vide Ex-P/3 also collected caste certificate of the complainant and the appellant vide Ex-P/7 & P/8. During the trial, the appellant was charge sheeted for the offence under Section 3(1)(10) of the Act read with Section 294 of the IPC and 506-II of the IPC. The appellant denied the charges and prayed for trial.

(3.) In order to prove the guilt of the appellant, the prosecution has examined as many as 10 witnesses. Statement of the appellant was recorded under Section 313 of the Code wherein he denied the circumstances appearing against him, pleaded innocence and false implication in crime in question.