DHIRAJ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT is convicted for an offence under section 3(l)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (here -in -after referred to as the Act).

(2.) ACCORDING to the prosecution Girdhari, father of Tularam was village chowkidar of village Khejda. After Girdhari, Appellant Dheeraj Singh was appointed as village chowkidar by the tehsildar. The order of appointment of Dheeraj Singh was set aside by Sub Divisional Officer and Tularam being son of Girdhari was appointed as Chowkidar. 20 Bigha service land is allotted to Village Chowkidar. Tularam received possession of 3.971 hectares land in the capacity of Village Chowkidar on 25.5.1994 from Dheeraj Singh Ex -chowkidar. On 28.9.1996 when Tularam went to cultivate the land, he found appellant cultivating the service land delievered to him in his possession. On his objection accused abused him and said that he will cultivate the land. Complainant loged FIR in Police Station Satpada. The complaint was registered as Crime No. 125 by Scheduled Caste Welfare Police Station. Offence under section

(3.) THUS , if right to cultivate is acquired by a member of scheduled caste over any agricultural land then on his dispossession provision of section 3(1)(v) will be attracted. Only question involved in the case is whether Tularam was forcibly dispossessed.