CHHEDILAL GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 14.10.1998 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989 (henceforth 'the Act'), Bilaspur in Special Criminal Case No. 71/96, whereby the learned Special Judge convicted the appellant for the offence punishable under Section 3(1)(ii) of the Act and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) As per the case of the prosecution, Appellant Chhedilal Gupta was residing in the house of the complainant. There was a hand-pump installed over the land of the complainant in the house. The waste water of the said hand-pump was flowing in the back courtyard (Badi) of the house of the complainant. When the complainant asked the appellant to vacate her house, a dispute arose between them. Thereafter, the appellant started flowing the waste water of the said hand-pump in the courtyard and inside the house of the complainant. On this, the complainant made a written complaint (Ex.P-1) before the Superintendent of Police, Bilaspur, on the basis of which First Information Report (Ex.P-5) was registered against the appellant in Harijan Kalyan Police Station, Bilaspur.

(3.) During investigation, spot map (Ex.P-4) was prepared. After completion of the investigation, the appellant was charge- sheeted for the offence punishable under Sections 3(1)(ii) and 3(1)(v) of the Act. The appellant denied the guilt and pleaded innocence. Trial was conducted. The prosecution examined as many as 5 witnesses. The appellant was examined under Section 313 Cr.P.C. The appellant, in his defence examined Arun Kumar Tiwari (DW-1). The trial Court, after affording opportunity of hearing and leading evidence to the parties and appreciation of the evidence available on record, passed the impugned judgment convicting and sentencing the appellant as mentioned above. Hence, this appeal.