RAM BAHADUR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Bahadur Singh preferred this appeal under Section 374(2) of the Criminal procedure code being aggrieved by the judgment dated 12.3.1996 passed by special Judge Shahdol (under section 3(1)(x)of the Scheduled Castas and scheduled Tribes prevention of (Atrocities) Act, 1989 (herein after which shall be refened to as 'Act') in Special case No. 34/96 whereby appellant/ accused has been, convicted and sentenced under section 3(1)(X)of the Act with rigorous imprisonment for six months.

(2.) Short facts of the case are that on 22.1.1995. complainant Bhole Baiga a resident of Village Tijhariya lodged a report against appellant/accused at police station Manpur. District shahdol their his ox entered in the field of appellant/accused who kept his ox in his possession for about four days. On 19.1.1995 at about 5:00 pm. He come to know that his ox was in possession of appellant/accused. His son Shiv Prasad rushed towards the house of appelent/accused and asked to return his ox. The appellant/accused shouted on him by uttering filthy and abusive language and said that as he did not plough his field, he would not return his ox. The appelellant/accused also threatened to shoot him if he makes complaint ageinst him at police station. On a report made by complainant Bhole Baiga on 22.1.1995, the police took cognizance of the matter, seized the ox from the possession of appellant/accused by seizure memo (EX/P6) and handed over the ox to complainant Bhole baiga . A spot map (Ex/P5) was prepared.

(3.) On the basis of the FIR, investigation was done and a charge-sheet was filed against the appellant under section 3(1)(x)of the Act.