DHARAMDAS ALIAS KUNJILAL Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 8.8.1996 passed by the Second Additional Sessions Judge, Mudwara (Katni) as a Special Judge under SC/ ST (Prevention of Atrocities) Act in Special Case No.39/1995 whereby the appellant was convicted for offence punishable under Section 294 of I.P.C and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it is mentioned as "Special Act") and sentenced with fine of Rs.250/- and six months rigorous imprisonment with fine of Rs.250/- and in default of payment of fine he was to undergo for one month simple imprisonment for each default.

(2.) Prosecution's case in short is that the complainant Cheti Bai was a Sweeper by caste. She was elected as a Sarpanch of Gram Panchayat, Gurjikalan. Being a Sarpanch Criminal Appeal No.1448 of 1996 she was making construction of Waiting house. The appellant went to the spot and abused her on basis of the caste and insulted her. He also told her that he was Post Master of the Village and he will destroy postal Dak of the complainant. A written report Ex.P/1 was sent to the Additional Superintendent of Police, Katni. From Janpad Panchayat Rithi some letters were sent to SHO, Police AJK Omti, Jabalpur. At Police Station AJK, Omti FIR was registered on 12.4.1995 and matter was taken into investigation. After due investigation charge sheet was filed before Sessions Judge/Special Judge, Jabalpur and case was transferred to second Additional Sessions Judge/Special Judge Mudwara (Katni) District Jabalpur.

(3.) The appellant abjured his guilt. He took a plea that Panchayat was making a Waiting house on the land belonging to the appellant and therefore, the appellant had lodged a civil suit before concerned Civil Court at Kani and an injunction was given by that Court. Under such circumstances, there was no reason for the appellant to quarrel with the complainant in such a manner. Since the complainant who was bent upon to construct a building on the land of the appellant and she could not do so and she was also summoned by the civil Court in a contempt matter therefore, a false FIR was lodged against the appellant. However, no defence evidence was adduced.