JAGADAMBA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 6.1.1997 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act in ST. No.69/1994 whereby the appellants were convicted for offence punishable under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be mentioned as the "Special Act") and sentenced for six months rigorous imprisonment with fine of Rs.500/-. In default of payment of fine one month's rigorous imprisonment was also directed.

(2.) THE prosecution's story in short is that, on 18.8.1994 at about 7-7.30 p.m in the evening, the victim Khadiya (PW2) was going from his field to his house at Village Thigri (Police Station Simaria, District Panna). In front of the house of Jagadamba Khare, the appellants abused the victim Khadiya with obscene words and words based upon his caste. They have told to the victim Khadiya that why he was not living like a Chamar. Thereafter, victim Khadiya was taken in the house of Jagadamba Khare and the appellants had assaulted him. Hakka (PW1), brother of the victim Khadiya, went to the Outpost Mohendra of P.S. Simaria, and gave a written report Ex.P/1 with the statement that Khadiya is still in the house of Jagadamba. At Outpost Mohendra a case was registered and thereafter, it was transferred to the Police Station Simaria. The victim Khadiya was sent to the hospital for his medico legal examination. Dr. P.K. Jain (PW9) examined Khadiya and gave a report Ex.P/14. He found six injuries to the victim Khadiya situated on left scapula, left forearm, left ear, right hand, right feet and right hip. He was referred for the X-Ray examination. Dr. Singh (PW5) took the X- Ray of the victim Khadiya and gave a report Ex.P/2. He found a fracture of the right tibia bone to the victim Khadiya. After due investigation a charge sheet was filed before the Special Judge, Panna.

(3.) AFTER considering the evidence adduced by both the parties the learned Special Judge acquitted the appellants from the charges of offence punishable under Section 3(1)(xiv) of the Special Act and convicted them for offence punishable under Section 3(1)(x) of the Special Act and sentenced as mentioned above.