DASHRATH Vs. STATE OF M P

JUDGEMENT

(1.) The appeal has been filed under Section 374 of the Cr.P.C. by the appellant Dashrath being aggrieved by judgment dated 13.05.2005 passed by the Special Sessions Judge, Mandsaur in S.S.T. No.4/2005 on 13.05.2005 convicting the accused for offence under Section 3(1)(10) of the SC/ST Act and sentencing him to 6 months RI with fine of Rs.100/-; in case of failure to pay the fine, the appellant was to undergo an additional sentence of 7 days RI.

(2.) Brief facts of the prosecution case are that on on 06.09.2004 Guddibai was returning from Takrawad Gram Nayalaya along with her husband on motorcycle to her village Garovad, when near the school the accused was sitting on a tractor and reversed it suddenly and her husband switched on the horn to stop the tractor; but the accused would not stop and the husband of the prosecutrix asked him to stop otherwise they would get hurt and the accused started hurling abuses called Guddibai Chamatti 5 to 6 times and made obscene gestures and threatened to strike with the tomy and the stones. The incident was witnessed by several persons. The complainant Guddibai filed written complaint at the P.S. Narayangarh. Investigation was launched by A.J.K. Police Station and the accused was duly charged and committed to the trial.

(3.) The accused Dashrath abjured his guilt and stated that he was falsely implicated in the matter. The Trial Court on considering the evidence however convicted and sentenced the accused as herein above indicated and hence the present appeal.