DEVISINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the convicted appellants, who have been found guilty for commission of offence under S. 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') by the Court of Addl. Sessions Judge, Garoth in Special Cr. Case No. 73/91, decided on 6-8-1993 and have been awarded sentence of 2 year RI with fine of Rs. 2,000/- each.

(2.) In all five accused persons were charged and prosecuted for commission of alleged offence under S. 3(1) (v) or in the alternative under S. 3(1)(x) of the Act. However, one of the accused Mana has been acquitted of the said charge but the remaining four have been found guilty only u/S. 3(1)(v) of the Act and have been awarded punishment as mentioned above.

(3.) As per the prosecution story on 12-9-1991 the appellant had gone to the field of complainant Bhoniram and started scolding him. It is said that he was also beaten with fists and legs. They had done so with an intention to grab the land of complainant Bhoniram illegally and unauthorisedly. Bhoniram had lodged a written complaint with the Superintendent of Police, Mandsaur, who had then forwarded it to the concerned Police Station for investigation. After usual investigation conducted by Police, charge sheet was filed before the Special Court. Thereafter, charge was framed against the appellants, and the matter was tried by the Special Judge. The appellants appeared before the learned Sessions Judge and abjured their guilt.