MINNA SINGH SON OF NANHU SINGH RAJPOOT, RESIDENT OF AMBADA DISTT. BETUL (M.P.) Vs. STATE OF MADHYA PRADESH THROUGH P.S. AMLA, DISTT. BETUL (M.P.)

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 17.9.1998 passed by learned Special Sessions Judge, Betul in Special Sessions Trial No. 01/1998 convicting the appellant under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the Act") and thereby sentencing him to suffer R.I. for 1 year and fine of Rs. 1000/ -; in default of payment of fine further S.I. for one month, this appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief, the case of the prosecution is that complainant Kasturi Bai is a member of the Scheduled Tribe community and is a labour and the accused/appellant is by caste Rajpoot meaning thereby he is not a member of the Scheduled Tribe community. On the holy day of Dipawali festival on 31.10.1997 between 5 to 6 in the evening the son of the appellant was cracking the firecrackers. At that juncture, complainant requested him to crack the firecrackers by taking all precautions because on account of bursting the firecrackers her house may catch the fire. At that juncture, appellant came there and hurled the abuse of mother to her and also showered other filthy abuses by denoting her caste since she belongs to Scheduled Tribe community. The appellant also pelted stone on her back. A report was lodged on 5.11.1997 by the complainant and because she was complaining the pains nearby her ribs she was sent for medical examination.

(3.) THE prosecution thereafter examined its witnesses and also proved the documents. The defence of appellant is of false implication and same defence he set forth in his statement recorded under Section 313 Cr.P.C. However, he did not choose to examine any witness in support of his defence.