BARELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 2.7.1996 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Jabalpur in Special Case No. 63/1995, convicting them under Section 323 of the Indian Penal Code and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act (hereinafter for short 'the Act') and sentenced them to pay fine of Rs. 500/- and rigorous imprisonment for six months with fine of Rs. 1000/- on each count respectively.

(2.) In short, the prosecution case is that on 28.11.1995 at about 8 A.M., when complainant Pyarelal was going on the public way, appellants confronted and after abusing him assaulted by fists, kicks and lathis. As a result of which, he suffered injuries. It is also said that they called him 'Chamra' with a view to intentionally insult and humiliate him because of his being a member of Scheduled Caste.

(3.) Pyarelal (PW1) lodged a report Ex. P/1 at police station A.J.K., Jabalpur. Police registered a case against the appellants under Sections 341, 294, 506-B and 323/34 of the Indian Penal Code and Section 3(1)(x) of the Act. Investigating Officer sent Pyarelal for medical examination to Victoriya Hospital, Jabalpur. Dr. Vinod Kumar (PW3) and Dr. A.K. Agrawal (PW4) examined him and found simple injury on his left eye.