RAM PRASAD S/O. GIRDHARI KEWAT, RESIDENT OF VILLAGE KAGRE KA BADA, P.S. AJAIGARH, DISTRICT PANNA (M.P.) Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 19.9.1998 passed by the learned Special Judge Panna in Special Case No. 113/1997 convicting the appellant under Section 324 /34 IPC and thereby sentencing him to 6 months RI and fine of Rs. 500/ - and in default further 3 months RI, the appellant has taken shelter of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973. Facts in detail are already narrated in para 3 of the impugned judgment and for convenience they are not being reproduced here. Suffice it to say that present appellant was tried for charges punishable under Sections 326 IPC and also under Section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short "Act"), however, learned Trial Court did not find the charge under Section 3(1)(x) of the Act proved against the appellant and eventually acquitted him from that charge. Learned Trial Court further did not find proved charge under Section 326 IPC against appellant however he was found guilty of offence under Section 324 IPC and sentenced as mentioned in para 1 of this judgment.

(2.) IN this manner, the present appeal has been filed by the appellant assailing his judgment of conviction and order of sentence.

(3.) ON the other hand, learned Public Prosecutor argued in support of the impugned judgment and prayed for dismissal of this appeal.