GHISU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal under Section 374 of the Cr.P.C has been filed against the judgment dated 14 th November, 1996 passed by the Court of Special Judge, District Shajapur in Special Criminal Case No.114/1995, acquitting the appellants for offence under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Section 341/34 of the IPC, but convicting them for offence under Section 325/34 of the IPC and sentencing them for one month RI with fine of Rs.250/-, and default stipulation.

(2.) The prosecution story is that complainant Ganpat, on 14/5/1995 at 11.00 PM was approached by the accused Amarsingh and Badri, who told him that their brother had called him. Ganpat accompanied them to the village and when they reached near the agricultural field, Bhagwan and Ghisusingh, the other two accused were sitting there. When Ganpat tried to escape from there he was not allowed. These accused persons put the grass in their agricultural field on fire and started shouting and beating Ganpat and took him towards the village. Other villagers also gathered and started beating him, his face was blackened and a procession was taken out in the village. Ganpat became unconscious and the next day he had lodged the report at Police Station, Shajapur (Ex.P.7) on which the offence was registered and the MLC of Ganpat was done in which the injuries were found. The accused persons were arrested and the challan was filed.

(3.) The accused persons abjured their guilt and the trial took place and the trial Court, by the impugned judgment, convicted and sentenced the accused appellants in the manner stated above.