RAMESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 24.7.1998 passed by learned Special Judge under SC/ST (Prevention of Atrocities) Act, Raisen in Special case No.283/1996, whereby the appellant was convicted for offence punishable under section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act (hereinafter it will be referred to as 'Special Act') and sentenced for 6 months' simple imprisonment with fine of Rs.200/-. In default of payment of fine, simple imprisonment for one month was also directed.

(2.) PROSECUTION's case, in short, is that, on 18.5.1994 at about 11.00 a.m. in the morning, the appellant Rameshwar was taking bath in a hand-pump situated at village Gahalpur, Police Station Badi, District Raisen. The prosecutrix Munni Bai (P.W.1) came to the spot along with Leelawati Bai (P.W.2) and Guddi Bai (P.W.5) to fetch some water. Since the appellant was bathing there and therefore, he prohibited her from taking water by the hand-pump. He shouted that the prosecutrix was Chamar by caste and therefore, if some water from her utensil comes over the appellant then, it would be objectionable for the appellant on the basis of the caste and therefore, the appellant had thrown her utensils from the hand-pump and thereafter, the appellant and other co-accused persons had assaulted the prosecutrix as well as other victims. The prosecutrix had lodged an FIR, Ex.P/1 at Police Station Badi on the same day at about 6.30 p.m. There was no visible injury to any of the victims and therefore, they were not sent for their medical examination. After due investigation, a charge-sheet was filed before the Sessions Judge/Special Judge under the Special Act.

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