SUMMERA TELI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the impugned judgment and finding dated 5.12.1995 passed by the learned Special Judge, Panna in Special Criminal Case No. 9/1994 whereby appellants have been convicted under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 34 of the IPC and sentenced to undergo RI for one year and fine of Rs.1,000/- (each), with default stipulations.

(2.) FACTS of the prosecution case in short are that on 29.1.1994 at about 1.00 a.m. complainant Kodu Ahirwar (PW1) and is wife Radhabai (PW2) were working on the road of Shahnagar, Appellant No.2, Chhota Teli came there and abused complainant by saying "chamra" and tried to prevent them from working on the road. It is further alleged that Chhota Teli assaulted Kodulal by means of spade (Fawda). On the hue and cry, Radhabai, wife of the complainant, came to rescue her husband, then appellant no. 1, Summera assaulted her by a lathi. Villagers Swaroopa Choudhary (PW5) and Kallua Choudhary (PW3) saved them. According to the complainant, appellants/accused humiliated him on the basis of caste and threatened him not to report the matter to the police. Kodulal lodged the report Ex.P/1 at police station Ajak, Panna. Injured persons were sent for medical examination. Dr. Sharad Dwivedi (PW4) examined them and found simple injuries on their persons and prepared the MLC reports Ex.P/6 and Ex.P/7 respectively.

(3.) ON appraisal of evidence on record, trial court convicted and sentenced the appellants, as mentioned herein above. Hence this appeal.