SATYENDRA CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant-Satyendra Choudhary stands convicted for commission of offence under Ss. 325 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months for offence u/S 325 IPC, and to pay fine of Rs.500.00 for offence under Sec. 323 IPC , in default of payment of fine, he has to suffer simple sentence of 2 - 1/2 months, against which this Criminal Appeal has been preferred by the appellant questioning the conviction recorded and sentence awarded by the Special Judge (Atrocities), Sarguja vide judgment dtd. 8/12/1998 passed in Special Case No.407/97.

(2.) Case of the prosecution, in brief, is that on 24/10/1997 complainant Bhagatram (PW-2), who was cobbler, went to the betel shop of appellant Satyendra Choudhary and on account of some dispute regarding purchase of Bidi, complainant was attacked and assaulted by appellant/accused by hand and fist, by which he suffered grievous injuries and simple injuries were also caused to his wife Kasturi Bai (PW-1) (3) The matter was reported to the police on 25/10/1997 at 11.40 pm and he was referred to Dr. Azad Bhagat (PW-4), who has given injury report of the complainant as Ex.P-1 and Dr. H.N. Bhalla (PW-3., Dentist also examined the complainant and has given his report [Ex.P-2].

(3.) Thus, after investigation by the concerned police station, charge sheet was filed before the competent jurisdictional Court against the appellant/accused for offence punishable under Ss. 323 and 325 of the Indian Penal Code and Sec. 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (henceforth 'Act, 1989')