KAMAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellants have filed this appeal under Section 374 of Cr.P.C. against the judgment dated 09.11.2009 passed in Special Sessions Trial No.108/05 by learned Special Judge, (Atrocities) Guna M.P. by which appellants have been convicted for the offence punishable under Section 323 of IPC and sentenced to undergo simple imprisonment for three months each. They have also been convicted for the offence punishable under Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo R.I. for six months each and fine of Rs.500.00 each has also been imposed upon them.

(2.) THE brief facts of the case are that a dispute regarding flow of rainy water, complainant Bhanwarlal and wife were abused and beaten by the appellants in the agricultural field belonging to appellants. It is alleged that at the time of abusing, appellants have insulted the complainant by abusing him by uttering the name of his caste.

(3.) BEING aggrieved by the impugned judgment, appellants have filed this appeal on the ground that learned trial Court is not justified in convicting the appellants in the absence of necessary ingredients of offence punishable under Section 3(1)(x) of the S.C.S.T. Act and sentenced awarded for the offence punishable under Section 323 of IPC is too harsh.