MATHURA PRASAD Vs. STATE OF MP

JUDGEMENT

(1.) This criminal appeal under section 374 (2) of the Code of Criminal Procedure has been preferred being aggrieved by judgment dated 3rd August, 1995 passed by Special Sessions Judge, Shahdol in Special Case No. 37/91 whereby the appellants have been convicted under section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Act, 1989") and sentenced to RI for 6 months with fine of Rs.150/- each in default of payment of fine one month's RI to each of them.

(2.) The prosecution case in short is that Mohan Sweeper lodged report at Police Station Budhar on 4.4.1991 at about 4.30 p.m. to the effect that he along with Dhani and Komal Prasad Namdev and Mahendra Singh had gone for cleaning the urinals. While he was working he touched with Haath-Thaila of fruits of appellants Shishupal Gupta He abused filthy language denoting his caste and started beating him. At the same time his brother Mathura Prasad and Sudama came there, threw him on the ground and started beating. He tried to run but his two other brothers Dau @ Dinesh Gupta and Nanku Gupta was standing there who caught hold of him and also caused his marpeet. When he made hue and cry Komal Namdev, Mahendra Singh and Rajesh Mishra intervened but they were also beaten by the appellants.

(3.) On 29.3.2010 Shri U.K. Sharma, learned Senior counsel who was engaged as counsel by the appellants did not appear, therefore, Smt. Sandhya Pathak from the legal aid was appointed as counsel to appear and argue the matter. The matter was posted on 30.3.2010. ON this day Smt. Sandhya Pathak, argued the matter on behalf of the appellants but subsequently, Shri U.K. Sharma, learned senior counsel also appeared along with Shri P.N. Tiwari and argued the matter.