MATHURA Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 25.10.1999 passed by learned Special Judge (Atrocities) Damoh in Special Case No. 75/1998 convicting the appellants under Section 294, 323 and 506 later part IPC and thereby sentencing them to suffer RI of one month, three months and one year respectively, this appeal has been preferred by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) The facts in detail are already narrated in paras 2 and 3 of the impugned judgment and for convenience they are not being reproduced here. Suffice it to say that appellants were charged under Sections 452, 294, 323, 506 later part IPC and also under Section 3(1) (10) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, Act). The learned Trial Court acquitted all the appellants under Section 3(1)(10) of the Act and also acquitted them under Section 452 IPC. However, they have been convicted under Sections 294, 323 and 506 later part IPC.

(3.) The contention of learned counsel for the appellant is that looking to the evidence placed on record, it is not proved that appellant has committed any offence.