RAMDEEN JAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 23.4.1997 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, 1989, Sehore in Special case No.195/1995, whereby the appellant was convicted for the offence punishable under section 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be referred to as 'Special Act') and sentenced for 6 months' rigorous imprisonment with fine of Rs.2,000/- and in default of payment of fine, 1 month's additional rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that, on 6.9.1995, the complainant Ramgopal Malviya (P.W.1), who was a teacher in Middle School, Khachrod was teaching in the school. At about 12.45 p.m. in the noon, the appellant came inside the class and directed the complainant to go with him. In recess, when the complainant and his companions Radheshyam Sharma (P.W.3) and Saeed Ahmed Khan (P.W.2) and other teachers were going to take tea to a square near Bus Stand Khachrod, the appellant met the complainant and abused him by obscene words and words relating to his caste. He has also stated that he will push a shoe in the mouth of the complainant and thereafter, he tried to assault the complainant but, the companions of the complainant held the hands of the appellant and ultimately, the appellant left the spot, after giving threat to the complainant. The complainant Ramgopal had lodged an FIR, Ex.P/2 at Police Station Siddiqueganj at about 6 p.m. in the evening. Certificates were given in favour of the complainant that he was working as an Assistant Teacher in the Middle school, Khachrod and he was of caste "Balai" and therefore, he was a member of a scheduled caste. After due investigation, a charge-sheet was filed before the Special Judge, Sehore, camp at Ashtha.

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