BHANWARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by the appellants, who are husband and wife, is against their conviction under sections 3(1)(ii) and 3(1)(XV) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act). For the said offences, Additional Sessions Judge, Garoth has handed down sentence of 2 years rigorous imprisonment plus fine of Rs. 1,000/- each or to undergo simple imprisonment of 3 months in default of payment of fine. Trial Court passed the impugned judgment in Special Criminal Case No. 64 of 1991.

(2.) Prosecution case in brief. On 10/8/1991, appellants who are neighbours of Kaluram (P.W. 2), dumped excreta and waste matter in his courtyard with intent to force Kaluram to leave the house purchased by him. When his wife, Shaynibai (P.W. 1) objected to it, both appellants started pelting stones from the rooftop of their adjoining house and, caused injuries to Shaynibai (P.W. 1) and her daughter Ku. Lilabai. Incident is alleged to have taken place in the afternoon. At the time of incident, Kaluram accompanied by Kacherulal (P.W. 5), was on his way back to home. When they had almost reached the home, both Kaluram and Kacherulal, heard the hue and cry raised by Shaynibai. They immediately rushed to the rescue of Shaynibai. Upon entering home Kaluram found Shaynibai in prostrate position in the courtyard while appellants were pelting stones so he immediately brought her inside the house, thus, in the process he also received stones thrown at him causing injuries. Kaluram immediately took Shaynibai to the Police Station Chandwasa, where she lodged FIR (Ex. P1). Same day on medical examination, Dr. K.C. Vijayvargiya (P.W. 4) found various injuries on body of Shaynibai. Ku. Lilabai and Kaluram as per his report Ex. P.3 to Ex. PS respectively. Since complainant belonged to Bagri Caste, the Police after completing investigation filed charge sheet and the appellants were put to trial in Special Criminal Case No. 64 of 1991 as mentioned above.

(3.) At trial, appellants abjured their guilt and submitted that they have been falsely implicated as the appellant No.1 Bhanwarlal had filed a civil suit against Kaluram and his predecessor in title Ramchandra (P.W.8). Learned Additional Sessions Judge, Garoth, on the basis of prosecution evidence, came to the conclusion that both appellants are guilty of committing offences on both count and convicted and sentenced them as mentioned above.