MOHARRAM ALI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 06.01.1994, passed in Special Sessions Trial No. 07 of 1992, by learned II Addl. Sessions Judge, Dehradun whereby, the appellant has been convicted under Sections 323/325 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and under Section 3(1)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as The S.C.S.T. (Prevention of Atrocities Act, 1989) and sentenced the appellant under Section 323 of I.P.C. for six months imprisonment and under Section 325 of I.P.C. rigorous imprisonment of one year and a fine of Rs. 500/-, in default of payment of which six months imprisonment is directed to be served out. The appellant is further sentenced under Section 3(i)(v) of the S.C.S.T. (Prevention of Atrocities) Act, 1989 to undergo six months rigorous imprisonment.

(2.) Heard learned counsel for the appellant and the learned Assistant Government Advocate for the State and perused the entire record.

(3.) Prosecution story, in brief, is that P.W. 1 Laxman Das is a member of Scheduled Caste and is resident of Village Laxmipur, Police Station Sahaspur, Dehradun. In the intervening night of 9/ 10 March, 1992, at about 1:00 A.M., Laxman Das (P.W. 1) was irrigating his field through the irrigation channel. At the same time, appellant Moharram Ali went to irrigate his field and diverted the channel of water towards his field. Complainant Laxman Das objected to it, on which appellant Moharram Ali hurled abuses at the complainant (Laxman Das) for being member of Scheduled Caste and gave him beating. Laxman Das lodged the First Information Report (Ext. A-1) on that very day i.e. 10.03.1992, at about 9:30 A.M., with Police Station Sahaspur, which was registered as case crime No. 58 of 1992 under Section 323/325/504 of I.P.C. and under Section 3(1 )(v) of the S.C.S.T. (Prevention of Atrocities) Act, 1989. The said crime was investigated by P.W. 5 Hajari Prasad (Sub Inspector). Meanwhile, injuries of the complainant Luxman Das were got examined on that very day by the Medical Officer Dr. G.P. Dimri (P.W. 3) and following injuries were found on the person of the complainant Luxman Das: