SHAMBHU PRASAD TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 29.4.2009 passed by Special Judge under SC/ST (Prevention of Atrocities) Act, Panna in Special Case No.45/2008 whereby the appellants are convicted for offence punishable under Sections 323 and 294 of I.P.C and the appellant no.1 was sentenced for three months rigorous imprisonment with fine of Rs.1000/- whereas the remaining appellants are sentenced by imposition of fine of Rs.1000/-. Each of them was required to undergo rigorous imprisonment of one month, in default of payment of fine. All the appellants are sentenced for offence punishable under Section 294 of I.P.C with fine of Rs.500/- only and 15 days rigorous imprisonment is awarded in default of payment of fine.

(2.) PROSECUTION's case in short is that on 16.10.2008 the victim Mohanlal (P.W.1) went to repair the electrical line in village Sunhara, Tahsil Panna. The appellant Shambhu Prasad Tiwari went to the spot and abused him with abuses based upon his caste. Thereafter, all the appellants assaulted him by kicks and fists. The appellant Shambhu Prasad Tiwari also assaulted him by a stick. Manoj Kumar (P.W.2), cousin of the victim Mohanlal had lodged an FIR Ex.P/1 on the same day at Police Station, AJK, Panna and case was registered. Injured person was directed to the Civil Hospital, Panna for his treatment and Medico Legal Examination. Dr. Upadhyaya (P.W.7) found as many as five injuries to the victim and he gave his report Ex.P/10. No bony injury was found to the victim Mohanlal. After due investigation a charge sheet was filed before CJM, Panna which was duly committed to the Sessions Court.

(3.) I have heard learned counsel for the parties.