KRISHNA ALIAS KRESA Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sen-tence dated 24.9.2003 passed by learned Spe-cial Judge (Atrocities) and Additional Sessions Judge, Gwalior, in Special Trial No.17/2003 convicting the appellant for the offences pun-ishable under Section 3 (1) (x) of the Sched-uled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter for short re-ferred as Act) and further convicting him under Section 323 of the Indian Penal Code and thereby sentencing him to suffer six months Rl for each offence and fine Rs.500, in default, fur-ther R.I. of three months, the appellant has knocked the doors of this Court by preferring this appeal under Section 374(2) of Criminal Procedure Code, 1973.

(2.) In brief the case of the prosecution is that on 15.1.2003 at 5.30 p.m. complainantSantosh along with his mother Rajabeti and brother-in-law Pappu was coming back from village Lidhora and were going to Village Chinor. As soon as these persons entered in the village, nearby the Flour Mill of Bhagwan Singh, three accused persons, namely, Krishna Kushwah (ap-pellant), Kallu Kushwah and Prem Singh Kushwah (acquitted co-accused) were coming from the opposite direction and when the com-plainant party were passing nearby them, the accused persons, after hurling the abuses of mother and saying "Mehtarwale", scolded on them as a result of which complainant Santosh asked them not to hurling the abuses. But, in-stead of not hurl the abuses, all the three ac-cused persons threw him on the ground and dealt blows of kicks and fists as a result of which he sustained injuries. When his mother and brother-in-law tried to intervene, they were also beaten by the accused persons. Thereafter, Suresh Sweeper intervened. A report was lodged by Santosh, which was registered and a case under Sections 323, 294, 341 of IPC and also under Section 3(1)(x) of the Act was registered against the accused persons.

(3.) After investigation was over, a charge-sheet was submitted in the competent court which on its turn committed the case to the Special Court where the appellant was tried.