LALA BHAIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellants being aggrieved by the judgment dated 1/2/1997 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Panna in Special Case No.74/1993, whereby the appellants were convicted for commission of offence punishable under Section 3(1)(xiv) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Special Act") and sentenced for six months' rigorous imprisonment with fine of Rs.300/- each and one month's rigorous imprisonment in default of payment of fine for each of them.

(2.) THE prosecution's story, in short, is that on 15.9.1993 at about 11:00 AM the victim Gokul (PW-5) with his grazing bullocks was at Bhatiya (a land which was kept for use of public in general) near the village Devgaon (Police Station Ajaygarh District Panna). At about 11:00 AM the appellants went to the spot and objected as to why his bullocks were grazing in that land. THE complainant argued that it was a public land, and therefore the appellants could not raise any objection. THEreafter the appellants assaulted him with kicks & fists and shoes. Shivbalak (PW-6) tried to save his son Gokul, then he was also assaulted by the appellants. THE appellants took the victim Gokul to the house of the appellant Lalaram and again he was assaulted there. THE bullocks of the complainant were sent to cattle pound. After 4:00 PM in the evening the complainant and his father were released by the appellants. THE complainant had lodged an FIR Ex.P-8 at Police Station Ajaygarh on the same day at about 8:30 PM. He was directed for his medico legal examination. Dr.U.K.Gupta (PW-9) examined the injured persons Gokul and Shivbalak and gave his report Ex.P-10A and P-11A. Nine injuries were found on the complainant Gokul. He had a continuous swelling on his back specially in the lumber region, whereas the victim Shivbalak sustained three injuries found by Dr. Gupta (PW-9) and he was also complaining about the pain in his right hand. THE complainant had also intimated that he was Kori by caste, and therefore a scheduled caste person, and he was deprived of the use of that place Bhatiya on the basis of the caste. After due investigation, a charge sheet was filed before the Special Court, Panna.

(3.) ON the other hand, the learned counsel for the State has supported the impugned judgment. He has submitted that the conviction and sentence directed by the trial Court appears to be correct and there is no basis by which any interference may be warranted from the side of this Court.