JASWANT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant who was aged about 60 years at the time of filing of this appeal in the year 1999, while making submission in support of his appeal filed for setting aside his conviction vide judgment dated June 21, 1999 holding him guilty under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, to undergo R.I. for one year with fine of Rs. 400/- and in default of payment of fine, to further undergo R.I. for three months.

(2.) The appellant submits that even though he had been in judicial custody only for a day, but he is old person and the case was initiated on account of the complainant having became annoyed with the appellant, who was Sarpanch and objecting to his way of functioning. It is submitted that at this juncture when the appellant is about 70 years of age, it may not be in the interest of justice to send him to judicial custody and it is prayed that the sentence be modified by directing to pay some compensation in place of undergoing substantive sentence.

(3.) In this case, the appellant who was working as village Sarpanch had some quarrel with the Patwari Vikram Singh, who is complainant and appeared as PW-1. According to him, the Sarpanch i.e. the appellant threatened him that it would be difficult for him to work as Patwari in the area and he also abused him by using filthy language. The appellant was charged for having committed offence under Section 294, 506-B and 341 of IPC besides Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. While the appellant have been acquitted for all other offence, he was only convicted under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act and has been sentenced as aforesaid.