BABLI @ RAJKUMAR DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 8.5.1997 passed by the IIIrd Additional Sessions Judge & Special Judge under SC/ST (Prevention of Atrocities) Act, Bhopal in Special Case No.61/1996 whereby the appellant was convicted for offence punishable under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act (for brevity the "Special Act") and sentenced for 6 month's simple imprisonment with fine of Rs.300/-. In default of payment of fine, one month's additional imprisonment was directed.

(2.) PROSECUTION's case in short is that the complainant Geeta (PW5) possessed some spiritual powers and therefore, she was observing the sitting of various devotees in her house on every Monday. On 17.6.1996 the appellant went to the house of the complainant Geeta and shouted that she was a chamaran by caste and therefore, she did not have any spiritual power from God and that she was cheating the various persons. He abused her with filthy abuses and also threatened her. The complainant Geeta went to the Police Station AJK, Bhopal and submitted a written report Ex.P/1. FIR Ex.P/2 was registered in the Police Station and matter was taken for investigation. After due investigation a charge sheet was submitted before the Sessions Judge/Special Judge, Bhopal who, transferred the case to the IIIrd Additional Sessions Judge and Special Judge, Bhopal.

(3.) THE learned Panel Lawyer has submitted on the other hand that the conviction and sentence directed by the trial Court appears to be correct. THEre is no basis by which any interference is warranted in this context.