HEERU @ AASHISH PANDEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 15.10.2005 passed by the learned Special Judge under the SC/ST (Prevention of Atrocities) Act, Katni in Special Case No.10 of 2003 whereby the appellants are convicted for offence punishable under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act (hereinafter it will be mentioned as the "Special Act) and section 323 of I.P.C and sentenced for six months rigorous imprisonment with fine of Rs.500.00 and fine of Rs.300.00 respectively. In default of payment of fine, one months and 20 days rigorous imprisonment was directed respectively.

(2.) THE prosecution's case in short is that on 9.6.2002 the victim Mihilal (PW4) and Ramcharan (PW5) were coming back from the marriage ceremony arranged at the house of Patwari Harchatlal Choudhary (PW2) at Village Itaura (Police Station Barhi, District Katni) and at about 4.30 p.m they stopped in front of Pan Shop of Chandrabhan Tiwari, then the appellants and 15-20 other persons started quarreling with them on the basis of their caste and also assaulted them. Thereafter, the appellants and such persons went to the house of Harchatlal and destroyed so many things in his house. A bullock cart and one motor cycle was also damaged. A written report was submitted by the complainants which was registered by the Police at Police Station, Barhi. The injured persons were sent for their medico legal examination. Dr. Jasuja (PW10) examined the victim Mithilal at Government Hospital, Katni and gave his report Ex.P/3. He found a lacerated wound on his left forehead whereas no visible injury was found to the victim Ramcharan.After due investigation a charge sheet was filed before the JMFC, Katni who, committed the case to the Special Court, Katni.

(3.) THE learned Special Judge after considering the evidence adduced by the parties acquitted the appellants for offence punishable under Section 506-B of the I.P.C but convicted them for offences punishable under Sections 323 of I.P.C and 3(1) (x) of the Special Act.