STATE OF M.P. Vs. RAMESH & ANR.

JUDGEMENT

(1.) Instant appeal has been preferred by the appellant/State against the judgment dated 24.2.2005 passed by the Special Judge, Bhind, in Special Sessions Trial No.41/2004, whereby acquittal has been recorded in favour of the respondents/accused.

(2.) Trial was conducted against the respondents/accused in respect of offence under Sections 294, 326 alternatively 326/34 and 506-A of IPC and Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (in short "The Atrocities Act").

(3.) Precisely stated facts of the case of prosecution are that on 13.8.2003 at around 5.15 pm complainant Ashok Kori was sitting in his house at village Pavai. He was informed by his nephew Sonu that accused Jasram, Ramesh and Harish are fighting with his brother Awdhesh on minor pretext, therefore, complainant reached the house of Jasram where accused Ramesh gave a blow of Farsa to the complainant over his left hand and accused Jasram also inflicted Farsa blow over complainant twice in which one injury was received by him over his left side and another over his right side of head. Other accused Harish gave a Lathi blow which was received by the complainant over his right thigh. All three accused hurled verbal abuses and intimidated him for dire consequences. Over the shout of the complainant, Sirnam and Harnarayan came and intervened. Other villagers also reached the spot. Accused fled away while extending threats to the complainant.