ALKESH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants have preferred this appeal under Sec. 14-A of the SC/ST (Prevention of Atrocities) Act, 1989 read with Sec. 374 of Cr.P.C. against the order dtd. 14/10/2016 passed in SST No.20026/2016 whereby the learned Judge of the trial Court has framed the charges against the appellants under Sec. 147, 149, 294, 323, 506(2) of IPC and under Sec. 3(2)(5A) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter, 'the SC/ST Act').

(2.) The facts giving rise to the present appeal are that on 12/04/2016, a dispute took place between the appellants and the complainant Jagdish when they had gone to the well of Hukum Patel for immersing the Gangor Mata. In the FIR, it is alleged that there were several people of all the religion and the dispute started as the complainant Jagdish was got pushed by the appellant No.1 Alkesh in the crowd and as the complainant objected to the appellant No.1 Alkesh, he and other accused persons started beating him and when the other persons also came, they were also assaulted. Initially the case under Sec. 294, 323, 506 and 34 of the IPC was registered, however, on the basis of the statement recorded by the witness after more than one month, i.e. on 10/05/2016, Sec. 3(2)(5A), 3(1) (d)(r) of the SC/ST (Prevention of Atrocities) Act, 1989 were also added in the charge sheet, although, at the time of framing of charges, Sec. 3(1) was also dropped and the charges have been framed under Sec. 294, 323, 506(2) of IPC and under Sec. 3(2)(5A) of the SC/ST Act.

(3.) Learned counsel for the appellants has submitted that the appellants have been falsely implicated under the provisions of the SC/ST (Prevention of Atrocities) Act, 1989 by the complainant party which is apparently an afterthought as in the FIR dtd. 12/04/2016, there is not a whisper regarding the involvement of the caste of the complainant or any other person and it was simply a trivial dispute which arose after the appellant No.1 fell on the complainant in the crowd.