STATE OF M P Vs. SHOBHAGSINGH

JUDGEMENT

(1.) - The appe!!ant'5tate preferred this appeal under Section 378(1) of the Code of Criminal Procedure being aggrieved by the judgment dated 26.3.1997 passed by the Special Judge, East Nimar Khandwa, in Criminal Case No. 99/95 whereby the respondents accused have been acquitted of the charge of the offences punishable under Sections 147, 323, 323 of IPC and under Section 3(2)(iv) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act').

(2.) BRIEF facts of the case are that on 9.9.1995, when Ramesh (PW2) went to the field of Surajpal to work as labourer, he saw that some cattle were grazing in his field. He shouted and used abusive language. Accused Sitaram came there, used abusive language and gave 2-3 slaps to Ramesh (PW2). Ramesh i(PW2) also gave 2-3 slaps to accused Sitaram. When Ramesh (PW2) returned to his home, he narrated the entire incident to his mother and uncle Lalu. On 10.9.1995, when Ramesh went to his field for grazing his cattle, he saw the accused persons, namely, Pappu-singh alias Chandansingh, Nirbhay Singh, Komal Singh. They started abusing, Ramesh, Lalu (PW4) also came there and all the accused persons started quarrelling with Ramesh. Lalu tried to intervene. Thereafter, Ramesh and Lalu had returned to their home. After sometime, accused Pappusingh alias Chandansingh, Komalsingh, Nirbhaysingh armed with 'Kharaliya' came in front of the house of Ramesh on a bullock cart and assaulted Ramesh and Badri (PW5) as a result of which. Ramesh sustained various injuries. After sometime, all the accused persons came to the spot and some other persons armed with sticks and lathis also came there and naming him by caste said that they would kill all 'Balahiyon' today itself. On seeing arrival of the accused persons, Ramesh Madhav and Lallu left the spot and ran away to the field. The accused persons abused and assaulted Rajaram (PW1) who sustained various injuries. Accused Sardarsingh, Devisingh and Nirbhaysingh' put the house of Madhav (PW3) on fire and fled away from the spot. Rajaram, Ramesh, Madhav, Lalu, Badri S/o Dhannalal and Badri S/o Tikaram had witnessed the incident. Due to the fire in his house, Madhav suffered a loss to the tune of Rs.1,500. The incident occurred at 10 O'clock and on the same day, Ramesh lodged a report (Ex.P1). Crime No.104/95 was registered.

(3.) THE prosecution examined eleven witnesses but the accused persons did not examine any witness in their defence. After appreciating the evidence, the trial Court did not find the respondents guilty under Sections 147, 323, 323 of IPC and under Section 3(2)(iv) of the Act and acquitted them from the charge levelled against them. Being aggrieved by the impugned judgment of acquittal the instant appeal has been preferred by the State of Madhya Pradesh, after taking leave from this Court on the grounds mentioned in the memo or appeal.