TRILOK CHANDRA @ TILLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 11.10.1996 passed by the learned Additional Sessions Judge, Sihora in Special Case No.63/1993, whereby the appellant was convicted for the offence punishable under section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be referred as 'Special Act') and sentenced for 6 months' rigorous imprisonment with fine of Rs.500/-, in default of payment of fine, rigorous imprisonment for 3 months'.

(2.) PROSECUTION's case, in short, is that, on 5.10.1993, at about 7 p.m. in the evening, the complainant Ananta Prasad Choudhari (P.W.1) was chatting with one Kandhi Lal on a Pan shop, near Bus Stand Majholi, Police Station Majholi, District Jabalpur. The complainant and Kandhi Lal were talking about the activities of their society. At that time, the appellant came to the spot and he told the complainant "Abey Chamra jyada na uda kar" and so many things relating to the caste of the complainant. The complainant was insulted in the public. Ramkesh (P.W.3) was also present there, who saw and hear the incident. The complainant went to the Police Station Majholi and lodged an FIR, Ex.P/1. A case was registered and after due investigation, a charge-sheet was filed before the Special Judge, Jabalpur. Case was transferred to the Additional Sessions Judge, Sihora, being a Special Judge.

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