RAJESH KUMAR TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 4.5.2000 passed by the learned Special Judge under the SC/ST (Prevention of Atrocities) Act (Rewa) in Special Case No.65/1999 whereby the appellant was convicted for offence punishable under Sections 323, 506 (Part II) of I.P.C and sentenced for 6 months rigorous imprisonment with fine of Rs.500.00 for each count. In default of payment of fine on each count one month's simple imprisonment was directed.

(2.) THE prosecution's case in short is that on 12.1.1996 at about 4.00 p.m in the evening the complainant Harshlal (PW1) and Panchamlal (PW4) were making some construction in their cattle house situated at Village Akouri, (Police Station Naigarhi, District Rewa). One Keshav Prasad came to them and told that one doctor sahab was calling them and therefore, they went to the road. The appellant and other co-accused persons were present on the road and they abused the complainants on the basis of the cause and with obscene words. The accused persons assaulted the victims by sticks, knives and other weapons. On their shouting the witnesses Sheshmani and Ramsiya came to the spot who saved the complainants. The complainants had submitted a written report Ex.,P/1 on 16.1.1996 to the S.P Rewa with the blame that they had lodged an FIR at Police Station Narigarhi on 12.1.1996 but nothing was done of their complaint. A case was registered and after due investigation a charge sheet was filed before the Special Judge, Rewa.

(3.) AFTER considering the prosecution's evidence the learned Special Judge acquitted the accused Onkar and Keshav from all the charges whereas the appellant Rajesh was convicted for offence punishable under Section 323, 506 (Part II) of the I.P.C and sentenced as mentioned above.