ROHNI PRASAD S/O SUNDERLAL RAI, GUDDU S/O SUNDERLAL RAI, SIDDHU S/O SONELAL AND PRAHLAD S/O RAMDAS RAI ALL RESIDENTS OF SAIPURA, POLICE STATION TENDUKHEDA, DISTRICT DAMOH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.)

(2.) FEELING aggrieved by the judgment of conviction and order of sentence dated 15.2.1999 passed by learned Special Judge, Damoh in Special Case No. 131/1997 convicting the appellants under Sections 324, 324/34, 323, 341 and 294 IPC and further convicting them under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the Act") and thereby sentencing them to suffer imprisonment as mentioned in the impugned judgment, this appeal has been preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973. In brief, the case of the prosecution is that on 1.11.1997 between 9 to 10 a.m. complainant Indu after cutting the crop of paddy was going to receive the wages. On the way, nearby the house of Mandli Rai he met with the accused persons who stopped him and hurled the abuse of mother by denoting his caste. It is the further case of the prosecution that the parties are on inimical terms for last three years. A report was lodged by the complainant Indu in the concerned police station upon which a case was registered against the appellants including the offence under Section 3(1)(x) of the Act.

(3.) THE prosecution thereafter examined its witnesses. The defence of appellants is of false implication and same defence was also set forth in their statements recorded under Section 313 Cr.P.C. However, they did not choose to examine any witness in support of their defence.