STATE OF MADHYA PRADESH Vs. BADRI ALIAS DADUA

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 27.11.1996 passed in Special Case No.149/1996 by the Special Judge, Shahdol by which the respondents were acquitted from the charges of offence punishable under Sections 147, 452, 323 of IPC and Section 3(1)(vi) of SC/ST (Prevention of Atrocities) Act, 1989 (for brevity "Special Act").

(2.) THE prosecution case, in short, is that on 6.3.1996 at about 3:00 PM complainant Gangi Bai (PW-4) was present in her house situated at Village Raipur (Police Station Manpur District Shahdol). The respondents went inside the house, armed with sticks. They assaulted the victim Gangi Bai by sticks causing her several injuries on her nose and other parts of the body. On her shouting, her brother-in-law Chhote (PW-5) came to the spot, then the respondents also assaulted him. The respondents told to the complainant that since the complainant was of caste of "Chamar" and they were not doing the work of "Narachhavari", and therefore they gave a lesson to the complainant. The complainant gave a written report Ex.P-3 to the DSP AJK Shahdol and thereafter an FIR was lodged at Police Station Manpur on 7.3.1996. The injured persons were sent to the hospital for their medico legal examination. Dr. R.P.Patel examined the injured Gangi Bai and Chhote and gave his report Ex.P-1 and Ex.P-2. Dr. Patel found a scratched wound on the left scapula of the victim Chhote. He also found bruises on his both elbows. Similarly, he found two injuries to the victim Gangi Bai. One blunt injury was near her right eye and nose, whereas second injury was a contusion below the right eye. The victim Gangi Bai was referred for X-ray examination, but no any fracture found to her. After due investigation, a charge sheet was filed before the Special Judge, Shahdol.

(3.) THE learned Special Judge, Shahdol after considering the prosecution evidence acquitted the respondents from all the charges appended to them.