MAMTA CHOUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant no.1 has preferred this appeal against the judgment dated 11.2.1997 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Mandla in Special Case No.119/1996 whereby the appellant no.1 was convicted for offence punishable under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act (hereinafter it will be mentioned as the "Special Act") and sentenced for six months simple imprisonment with fine of Rs.500/-. In default of payment of fine, three month's simple imprisonment in addition was directed.

(2.) THE prosecution's case in short is that on 4.1.1996 appellant no.1 was working as a Staff Nurse in Primary Health Centre, Niwar. At about 10.00 a.m in the morning one Arun Kumar (PW1) came to the hospital along with his brother Phool Shiromani (PW2) for his treatment. Prescription was given by Dr. Chourasiya and thereafter, an injection was to be given to Phool Shiromani. When a request was made to the appellant she ignored. When she was reminded, she abused the victims on the basis of caste and also spitted on the complainant. On the next day the complainant lodged an FIR Ex.P/3 against the appellant no.1 and one Afjal Khan with the statement that after the incident Afjal Khan assaulted the complainant and also abused on the basis of the caste. After due investigation a charge sheet was filed before the Special Judge, Mandla.

(3.) DURING the pendency of the appeal the appellant no.2 Afjal Khan has expired and therefore, appeal filed by the appellant no.2 Afjal Khan was dismissed being abated.