BHONDU LOHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 29.11.2008 passed by the Special Judge, Mandla under SC/ST (Prevention of Atrocities) Act in Special Case No.50/92, whereby the appellant was convicted for the offences punishable under Sections 327 & 294 of IPC and sentenced for three years' R.I. with fine of Rs.2,000/- and three months' R.I. respectively. In default of payment of fine, six months' R.I. was also directed.

(2.) THE prosecution's story, in short is that, on 11.8.2006 the complainant Nanhe Singh was going to his house situated at village Bhim Dongri (Police Station Motinala, District Mandla) from the house of one Kissa Gond. In the way, the appellant restrained him and demanded some money so that he could consume some liquor, but the complainant did not give any money and therefore, the appellant assaulted him. The appellant also abused the complainant with the obscene words as well as the words relating to his caste. The complainant Nanhe Singh had lodged an FIR at Police Station, Motinala on the next day. He was directed for his medico legal examination. He sustained some simple injuries. After due investigation, a charge sheet was filed before the C.J.M Mandla, who committed the case to the Special Court, Mandla.

(3.) THE learned Special Judge after considering the prosecution's evidence acquitted the appellant from the charges of the offences punishable under Sections 341, 506(Part-II) of IPC and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, but convicted him for the offences punishable under Sections 294 & 327 of IPC and sentenced him as mentioned above.