GHANSHYAM KALA Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appel­lant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judg­ment and order dated 9.02.1993 passed by Special Judge (Sessions Judge), Tehri Garhwal in ST. No.5 of 1991, State Vs. Ghyanshyam Kala, whereby the learned Special Judge (Sessions Judge) has con­victed the appellant/accused under Section 3(x) of The Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the Act) and was sentenced to undergo one year R.I. with fine of Rs.1,000/- and in de­fault of payment of fine, three months' fur­ther R.I. was awarded.

(2.) I have heard learned counsel for the parties and perused the entire mate­rial available on record.

(3.) ON 30.1.1992, learned Special Judge, Tehri Garhwal framed the charge against the appellant/accused under Sec­tion 3(x) of the Act. The charge was read over and explained to the appellant/ac­cused, who pleaded not guilty and claimed to be tried.