PHULSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall also govern the disposal of Criminal Revision No. 362/86. The applicant is common in both the revisions, who was convicted by the two Courts below of the offence u/S. 7(1)(d) of the Protection of Civil Rights Act, 1955 (hereinafter referred to as P.C.R. Act) and sentenced to R.I. for three months and a fine of Rs.500/-, in default to further imprisonment for one month for each offence committed with respect to different persons.

(2.) The facts found by the Courts below may first be seen. Applicant Phulsingh, said to be aged about 60 years when the prosecutions were lauched against him, is a Lodhi Thakur residing in village Semaralodhi, P. S. Malthoun, district Sagar. He is said to have threatened to overrun one Balla, a Chamar by caste, by his tractor and to kill him. When Balla went to report the matter to the police and was returning back on 29-6-82, the applicant is said to have shouted at Balla by saying " " It was further the evidence of Balla that applicant Phulsingh swore him by his mother etc. It was also the prosecution story that there was old enmity between Phulsingh and Balla. Phulsingh being ex-Malgujar had been talking begar from Balla, had got Balla's house demolished and had also abducted Balla's wife and kept her concealed for five days. The case of the prosecution was that by uttering the words reproduced above at Balla, when the latter was returning from the Police Station, applicant Phulsingh had insulted a member of the Scheduled Caste on the ground of untouchability, an offence punishable under S. 7(1)(d) of P.C.R. Act. The prosecution story was accepted and applicant was accordingly convicted and sentenced for the said offence in Criminal Case No. 640/82 by J. M. F. C., Khurai. In appeal carried by the applicant (Criminal Appeal No. 171/ 83), A.S.J., Khurai maintained the applicant's conviction and sentence.

(3.) Appellant Phulsingh was also said to be having land dispute with an another Harijan of his village named Parsadi. On 29-6-1982, which is also the date of the first incident described already. the applicant is said to have threatened and abused Parsadi by saying "" "" The applicant is also said to have wrongfully stopped Parsadi's wife named Halki Bahu on a subsequent occasion, while she was passing along a road in front of the applicant's house and to have told her " ;gka ls pefj;k fudyh rks ykr ekjsaxs] rsjs cki dk jkLrk ugh gS A " For these two different offences alleged to have been committed at the different times, a single charge under one head was framed. The applicant was convicted and sentenced of the said offence in the manner already indicated in the opening paragraph of this order by J.M.F.C., Khurai in Criminal Case No. 639/ 82 and criminal appeal (Cr. Appeal No. 170/83) was dismissed by learned Additional Sessions Judge, Khurai. Aggrieved by the judgments rendered in the two cases, the applicant has filed these two revisions.