PHOOL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 11/08/1996 passed by Special Judge (SC/ST Act) Chhatarpur in Special Case No. 121/1994, convicted and sentenced the appellants as below:- Conviction u/s Sentence 447 IPC Fine of Rs.200/- each 323 IPC 6 months R.I. and fine of Rs.500/- each 3(1)(4) SC/ST Act 1 year R.I. and fine of Rs.500/- each 3(1)(10) SC/ST Act 6 months R.I. and fine of Rs.500/- each

(2.) FACTS of the case in short are that on 11/09/1994 at about 5.00 pm appellants forceably entered in the field owned, possessed and cultivated by Gilla (PW-2) and assaulted with him lathi. In this incident Gilla (PW-2) sustained 7 injuries on his person. Appellants belonged to caste 'Yadav' and Gilla (PW-2) belonged to caste "Chamar". Gilla (PW-2) lodged FIR Ex.P-2 at police station Chandla, District-Chhatarpur. A case at Crime No. 94/1994 under section 323/34,447 IPC along with under section 3(1)(4)/3(1)(10) of The Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short SC/ST Act) was registered against the appellants. Gilla (PW- 2) was sent for his medical examination to Public Health Centre, Chandla. Dr. R.C. Malara (PW-7) examined injuries of Gilla (PW-2) and found following injuries: -

(3.) APPRECIATING the aforesaid evidence, trial court convicted and sentenced the appellants as above.