LAXMAN SINGH TOMAR Vs. STATE OF MP

JUDGEMENT

(1.) The Appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, aggrieved by the judgment of conviction and sentence dated 15-12-2008, passed by the Special Judge (SC and ST Act), Morena (M.P.) in Special Case No. 526/2000, whereby held the Appellants guilty for the offence punishable under Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC and ST Act' for brevity) and sentenced each of them to six months' rigorous imprisonment with fine of Rs. 1,000/-, in default ordered to suffer imprisonment for one month.

(2.) Brief facts of the case are, complainant Asharam had lodged First Information Report at police station concerned with regard to forcible encroachment by the Appellants/accused persons on his land situated at Village Bilpur. It is submitted that this land had been allotted to him by the Revenue Authorities on lease. On the basis of the aforesaid FIR, the case had been registered under Section 3(1)(v) of the SC and ST Act. After due investigation, the charge-sheet has been filed.

(3.) The Appellants abjured their guilt and their defence is of false implication. The learned Trial Court after due appreciation of evidence by the impugned judgment held the Appellants guilty for the offence punishable under Section 3(1)(v) of the SC and ST Act and sentenced them as stated hereinabove, aggrieved by which the Appellants have preferred this appeal.