RAMAYAN PRASAD TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 24.5.1997 passed by the learned Special Judge, Rewa under SC/ST (Prevention of Atrocities) Act in Special case No.27/1995, whereby the appellants were convicted for offence punishable under section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be referred to as 'Special Act') and section 323 of IPC and sentenced for six months' rigorous imprisonment with fine of Rs.500/- and 3 months' rigorous imprisonment. In default of payment of fine, he was to undergo for one month's rigorous imprisonment.

(2.) PROSECUTION's case, in short, is that, on 29.8.1995 at about 9 p.m. in the evening, Bihari (P.W.2) was taking his handcart (Thela) towards his house situated at Village Gurh, Police Station Gurh, District Rewa, the appellant abused him on the basis of his caste and also with obscene words. The complainant Radhika Prasad (P.W.1) stopped him to pressurize his brother Bihari then, the appellant assaulted him by a stick causing him an injury on his back. The complainant has submitted a written report, Ex.P/3 to the Police Station Gurh within 45 minutes. A case was registered. The victim Radhika was sent for his medico legal examination. No visible injury was found on him person. After due investigation, a charge-sheet was filed before the Special Judge, Rewa.

(3.) I have heard the learned counsel for the parties.