HARPRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 30.11.1998 passed in Special Criminal Case No.278 of 1996 by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act'), Bilaspur, the accused/Appellants have preferred the instant appeal under Section 374(2) of the Code of Criminal Procedure. By the impugned judgment, the learned Special Judge has convicted and sentenced each of the Appellants as under:

(2.) During pendency of the instant appeal, Appellant No.2, Johan died and, therefore, by order of this Court dated 1.4.2016, the instant appeal, so far as it relates to him, has abated. The appeal now relates to and is to be adjudicated in respect of Appellants Harprasad and Chutuwa only.

(3.) Case of the prosecution, in brief, is that Complainant Ramadhar (PW-1) was a resident of Village Khaira and the Appellants were residents of Village Daganiya. Both the villages were situated adjacent to each other. The occurrence took place on 5.1.1996, which was the day of Chherchhera festival. Chhatram Suryavanshi, who was also a resident of Village Khaira, was running a small distillery ('kjkc HkV~Vh) in his house. The Complainant had gone to the house of Chhatram Suryavanshi to celebrate the Chherchhera festival on the fateful day and was sitting at the door of the house. Amolilal (PW-3) was sitting inside the house of Chhatram Suryavanshi. At that time, accused/Appellants came together to the house of Chhatram Suryavanshi and drank alcohol there. After taking drink, the Appellants raised a dispute. The Complainant asked Appellant No.2, Johan to make payment and go back because that was the day of Chherchhera festival. On this, Appellant No.2, Johan saying Sale Chamra to the Complainant abused him, dragged him out, assaulted him with the lathi kept in his hands and threatened him of life. The other two Appellants, who had come with Appellant No.2, Johan, also committed marpeet with the Complainant with their hands, fists and kicks. Amolilal (PW-3) and one Bihari intervened in the marpeet and pacified the Appellants. Amolilal (PW-3) has stated the names of two persons who accompanied Appellant No.2, Johan to be Harprasad and Chutuwa. The Complainant, due to being abused to him by caste and committing marpeet with him by the Appellants, lodged First Information Report (Ex.P-1) in Police Station Seepat, District Bilaspur on the date of incident itself, i.e., 5.1.1996, at 7.00 pm. The police registered offence against the Appellants under Sections 294, 506, 323, 34 IPC and Section 3(1)(x) of the Act and made investigation into the offence. Statements of witnesses were recorded by the police. Spot map (Ex.P-4) was also prepared. The Complainant was sent for medical examination. Dr. G. Venkatesh (PW-2) examined the Complainant. His report is Ex.P-2.