NAVEEN KUMAR GEORGE Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 22.6.2006 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Mandla in Special Case No.5/05, whereby the appellant was convicted for the offence punishable under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act (hereinafter referred to as the 'Special Act') and sentenced for six months' R.I. with fine of Rs.500.00 and in default of payment of fine, 1 1/2 months' R.I. was directed.

(2.) THE prosecution's case, in short is that, on 26.3.2005 at about 10-11 a.m. in the morning, the victim Kalicharan was taking rest in the courtyard of his house and his wife Anita Bai (PW-6) was cleaning some grains in the courtyard. Five accused persons including the appellant came to the spot and they told some obscene words to the wife of the complainant Kalicharan. The complainant tried to inform about the incident to other villagers then, the appellant and his companions came on the motorcycle and surrounded him and they abused him on the basis of his caste and thereafter, they assaulted him. Accused Sanju assaulted him by a knife causing an injury on his left face near the ear. The witness Jile Singh (PW-1), Ajab Singh (PW-2) and Vijay Singh (PW-3) saved the complainant, thereafter the accused persons went away. The complainant went to the Police Station Bamhani, District Mandla and lodged an FIR Ex.P/11 on the very same day. He was sent for his medico legal examination. After due investigation, a charge sheet was filed before the C.J.M. Mandla, who committed the case to the Special Court.

(3.) THE complainant Kalicharan and his wife Anita Bai had submitted an application for compromise before the trial Court, which was prima facie accepted by the Special Judge on 19.1.2006, but it was directed that an order on the said application shall be passed in the judgment and therefore, that application was accepted in para 6 of the judgment and the accused persons were acquitted from the charges of the offences punishable under Section 294, 506 (Part-II) and 324/34 of IPC. Remaining accused persons were acquitted from the charge of the offence under Section 3(1)(x) of the Special Act, but the appellant was convicted for the offence punishable under Section 3(1)(x) of the Special Act and sentenced as mentioned above.