MANGILAL Vs. STATE OF MP

JUDGEMENT

(1.) ACCUSED appellants have directed this appeal against the judgment dated 8.8.1997 rendered by Additional Sessions Judge and Special Judge Dewas, designated under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the Act) in Special Case No. 145/97 whereby the learned trial Court convicted appellant No. 2 Kailash under S. 323 of the IPC and appellant Mangilal was convicted under S. 294 IPC and S. 3(l)(x) of the Act. Accused appellant Kailash was sentenced to pay fine of Rs. 700/ - in default further imprisonment for 1 -1/2 month. Accused appellant Mangilal was sentenced to pay Rs. 500/ - fine under S. 294 IPC and S. 3(l)(x) of the Act and six months' RI, Rs. 500/ - fine; in default of payment of fine, further imprisonment for two months. During the pendency of the appeal, complainant Vinod Kumar PW 1 and the accused persons have filed an application under S. 320 of the Criminal Procedure Code, alongwith compromise for compounding of the offences alleged against the appellants. This Court by order dated, 17.10.2001 on the basis of said application and the compromise, arrived at between the parties, acquitted appellant No. 2 Kailash of the offence under S. 323 IPC and accused appellant No. 1 Mangilal was acquitted of the offence under S. 294 of the IPC. As the offence under S. 3(l)(x) of the Act was not compoundable, this appeal was survived for consideration only for the aforesaid offence against appellant No. 1 Mangilal.

(2.) AS per case of the prosecution on the date of the incident; i.e.

(3.) AS against this, learned D.G.A. appearing for the State, supported the impugned judgment and submitted that the accused appellant Mangilal has been rightly convicted and sentenced for the offence under S. 3(l)(x) of the Act.