TARACHAND Vs. STATE OF MADHYA PRADESH (NOW CG)

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 29.05.1999 passed by Special Judge, Bilaspur constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (in brevity 'SCST Act') in Spl. Criminal Case No. 30/1997 whereby and whereunder he convicted and sentenced each appellant as under:- Conviction under Sentence Fine sentence Section 294 IPC RI for 1 month 3(1)(x) of the RI for 6 months Rs. 500/- in default of payment of SCST Act fine to undergo RI for 2 months The jail sentences were directed to run concurrently.

(2.) This is admitted by appellants that they are Kalar by caste.

(3.) In brief the prosecution case is that complainant Babulal is Satnami by caste. He is resident of village Pirda. On 07.05.1997 between 8 to 9 pm at village Pirda a Panchayat was convened amidst the village. In the panchayat appellants abused complainant and addressed him Chamar and threatened to kill him. The complainant gave an application on 08.05.1997 at 13:00 hours in police station Malkharoda where an FIR was registered. After completion of the investigation a charge sheet was filed against them under Sections 294 , 506-B / 34 of the Indian Penal Code (in brevity ' IPC ') and Section 3 (i) (x) of SCST Act. The trial Court framed charges against them under Section 294 , 506-B the IPC and Section 3(1)(x) of the SCST Act. They abjured the charges and faced trial. To bring home the charges prosecution examined as many as 9 witnesses. They did not examine any witness in their defence. After conclusion of the trial, trial Court acquitted them of the charge punishable under Section 506-B IPC however they were convicted and sentenced as aforesaid.