RAM MURTI TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellants being aggrieved by the judgment dated 20/10/1997 passed by the Additional Sessions Judge and Special Judge, SC/ST (Prevention of Atrocities) Act, 1989 "Special Act"), (for short Sagar in Special Case No.101/1997 whereby the appellants were convicted for commission of offence punishable under Section 325 of IPC and sentenced for six months' rigorous imprisonment with fine of Rs.200/-each. They have to undergo 15 days' additional simple imprisonment in default of payment of fine.

(2.) PROSECUTION case, in short, is that on 16.7.1997 at about 11:00 AM in the morning a quarrel took place between the appellants and Hariram & Ghanshyam. Hariram, Ghanshyam and complainant Sudama were making fencing to their land and the appellants directed not to fence because they were taking possession of some part of the property of the appellants. Ultimately a quarrel started. The appellants assaulted the victims Hariram, Ghanshyam and Sudama. Sudama sustained a fracture in his left ring finger. Sudama resident of Village Chandpur went immediately to the Police Station Rehli District Sagar and lodged an FIR Ex.P-1. The victims were directed to the Primary Health Centre Rehli for their medical examination and treatment. After due investigation, a charge sheet was filed before the Special Court for various offences including the offence punishable under Section 3(1)(x) of the Special Act, 1989.

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