SUNDAR LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 08/05/2012 This appeal has been preferred against the judgment dated 06/09/2008 passed by Special Judge (SC/ST Act) Hoshangabad in Sessions Trial No. 437/2000 convicting the appellants as under:-

(2.) FACTS of the case in short are that on 19/06/2000 while Vishram Singh (PW-1) was throwing soil near his house, appellant no.4 Prem Shankar quarrelled with him. After three days of the incident at about 10.30 PM, Shivlal (PW-7), Gopal Gond(PW-8) and Brijmohan (PW-3) while coming to their house, reached in front of the house of Prem Shankar, surrounded and assaulted by appellants. Appellant no.2 Pujari @ Umesh was having sharp edged weapon with him. Appellant Daya Shankar, Prem Shankar and Hari Prasad were having Lathi with them. Appellant Sundar Lal assaulted Shivlal (PW-7) with spade on his head. In this incident, Vishram (PW-1), Premwati Bai (PW-2), Brijmohan (PW-3), Shivlal (PW-7) and Gopal Gond(PW-8) received injuries. The aforesaid 5 injured persons were sent to PHC, Bankhedi. FIR was lodged by PW-1. A case at crime no. 97/2000 under section 147, 148, 149, 307, 323 IPC and 3(1)(x) The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short SC/ST Act) was registered against the appellants.

(3.) AFTER appreciating aforesaid evidence, Trial Court acquitted appellants of the charge under section 307 IPC and 3(1)(x) and 3(2)(v) of SC/ST Act. However, appellants were convicted and sentenced as above.