GHASIRAM SENDHOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 15.4.1997 passed by learned Special Judge under SC/ST (Prevention of Atrocities) Act, Sehore in Special case No.215/1996, whereby the appellant was convicted for offence punishable under section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act (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.2,000/- and six months' rigorous imprisonment with fine of Rs.500/- respectively. In default of payment of fine, he was to undergo for six months rigorous imprisonment in addition.

(2.) PROSECUTION's case, in short, is that, on 8.8.1996 at about 3.30 p.m. in the evening, the appellant came near the complainant and prohibited him to make Mend. Thereafter, the complainant went to the house with his brother Sevaram. Thereafter, Sampat Bai, wife of the complainant went to the field and started making Mend, the appellant prohibited her to prepare the closure of that drain by making Mend and he pushed the victim Sampat Bai. Thereafter, when she started to leave the place, the appellant abused her on the basis of the caste and told that he prohibited husband of the witness Sampat Bai to close the drain by making Mend. Since information was given to the complainant late in the evening therefore, the complainant could not lodge any FIR on the same very day. Thereafter, on the next day, he went to the Police Station Jawar, District Sehore and lodged the FIR, Ex.P/2. Sampat Bai was directed for her medico legal examination and treatment. Dr. Arvind Sinha (P.W.4) examined the witness Sampat Bai and gave his report, Ex.P/3. He found some scratches on both the knees of the victim Sampat Bai. Injuries were simple in nature. After due investigation, a charge-sheet was filed before concerned Magistrate and then, it was transferred to First Additional Sessions Judge/Special Judge under SC/ST (Prevention of Atrocities) Act, Sehore, campt at Ashta.

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