LAWS(MPH)-2012-1-24

PAPPU ALIAS BHARATSINGH Vs. STATE OF M P

Decided On January 13, 2012
PAPPU ALIAS BHARATSINGH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 29-1-2010 passed by learned Special Judge [the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act], Shajapur in Special Criminal Case No. 145/2008 convicting appellant under Sections 452, 326., IPC read with Section 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the SC/ST Act") and thereby sentencing him to suffer imprisonment as mentioned in the impugned judgment including the life imprisonment, this appeal has been filed by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973. In brief the case of the prosecution is that injured-complainant Ashabai lodged First Information Report in the police station that she is the resident of Village Khedawad and used to earn livelihood by dancing and signing. She also lived with appellant as his wife for nine months. Last year, during the festival of Holi since appellant quarreled with her, she came back to the house of her brothers and is living with them. Appellant Pappu Singh was insisting her to accompany him but she was not willing to go. On this point, appellant came to the house of her brother where she was living with them and firstly he tried to kill her by Katta fire but any how she was saved and did not receive any injury. A case of that incident is still pending. On 15-10-2008 in the night when she along with her children Vishal and Mayuri, as well as along with nieces Neha, Minakshi and nephew Vikas, was sleeping at the terrace, at that juncture, appellant Pappu came at that place and kept his leg over her chest and thereafter sat over her and by a sharp-edged knife chopped her nose. When she screamed and tried to rescue herself, she also received some injury on thumb of her left hand. After chopping her nose, appellant jumped from the roof and fled from the place of occurrence. On being screamed by her, his brother Bhagwansingh and sister-in-law arrived at the spot. The children who were lying with her have also seen the incident. The appellant by chopping her nose has disfigured her face.

(2.) On the basis of report, a case was registered under Sections 326, 452, IPC and also under Section 3 (2) (v) of the SC/ST Act.

(3.) After completion of the investigation a charge-sheet was submitted in the committal Court, which committed the case to the Special Judge.