GOVINDSINGH S/O. JAGANNATHSINGH, AGED 20 YEARS, CASTE-RAJPUT, OCCUPATION-AGRICULTURE, R/O. MANDAVAD, DISTT. SHAJAPUR, Vs. STATE OF M.P. THROUGH P.S. A.J.K., DISTT. SHAJAPUR

JUDGEMENT

(1.) THIS is the appeal of the year 1998 has been filed under Section 374 of the Cr.P.C. being aggrieved by the judgment dated 05.01.98 passed by Special Judge, Shajapur in Special Case No. 103/96 whereby the appellants were convicted for offence punishable u/S. 426 of the IPC read with Section 3(1)(5) of the SC/ST Act and sentenced to 6 months rigorous imprisonment each with fine of Rs. 300/ - each, in case of default of payment of fine they were to undergo additional one month's rigorous imprisonment each.

(2.) Brief facts necessary for elucidation are that complainant Narayansingh was going to work in his field at that time accused appellants were grazing their cattle in the field of complainant. When complainant objected to the same, the appellants abused by indicating his caste and threatened the complainant on the point of wooden stick and axe. Upon the complaint of the complainant case was registered against the appellants. After framing of charge and recording of evidence, appellants were convicted as stated above, against which the present appeal has been filed.

(3.) MOREOVER , Counsel stated that to constitute an offence it is necessary that whoever is not a member of a Scheduled Caste intentionally insults or intimidates with intent to humiliate another person who is a member of a Scheduled Caste or a Scheduled Tribes in any place within public view; merely calling a person by caste without mens -rea or intention to insult and humiliate cannot constitute the offence under Section 3(1)(x) of the SC/ST Act. Counsel relied on Jasrath Singh and another vs. State of M.P., : 2005 (4) MPLJ 363 and Counsel prayed that in the instant case the ratio applied in full force. Moreover, Counsel stated that the benefit must accrue to the accused and urged that the appeal deserves to be allowed and the judgment of conviction deserves to be set -aside.