HIRADAS AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants have been convicted Under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as Act) and Appellant Hiradas has been sentenced to undergo 7 months rigorous imprisonment fine of Rs. 100/ -has also been imposed and in default of payment of fine one month S.I. has been awarded. Appellant Jagdish and Ramdayal have also been convicted Under Section 3(1)(x) of the Act. They have been sentenced to undergo 3 years rigorous imprisonment. Fine of Rs. 100/ - has also been imposed upon these two Appellants and in default of payment of fine, they have been ordered to undergo one -month simple imprisonment. Aforesaid conviction and sentence has been handed down by the Ist, Additional Sessions Judge, Mandsaur in Special Case No. 94/1992. Being aggrieved by the conviction and sentences, Appellants have preferred this appeal.

(2.) Necessary facts relevant for the disposal of this appeal are that on 14.9.1992 at about 8.30 in the morning, when Ishwarlal (PW -1) was taking his cattle to the grazing ground, Appellant Ramdayal started abusing him and when asked Ramdayal not to abuse, Ramdayal ran after him to assault. Ishwarlal ran to his grazing field and thereafter, all the Appellants came there. Appellant Jagdish and Hiradas were armed with Lathis. According to the Prosecution story Ramdayal hurled stone causing injury in the neck of Ishwarlal, as a result, he fell down thereafter, Appellant Jagdish and Hiradas both death Lathi blows. Balakdas (PW -2) and Bansilal (PW -3) rushed to the spot and intervened in the matter. Balakdas brought Ishwarlal to the village and informed Jadoolal, brother of Ishwarlal. Thereafter, FIR (Ex.P/1) was lodged by Ishwarlal at Police Station Narayangarh, District -Mandsaur. As a result, the police machinery swung into action and started the investigation. After completion of investigation, challan was filed against the Appellants for offences punishable Under Section s. 323, 294 IPC and Section 3(1)(x) of the Act. Learned trial Court vide order sheet dated 18.1.1993 framed charge against Appellants only for offence Under Section 3(1)(x) of the Act and not for offences punishable Under Section s. 323, 294 IPC. State did not challenge the Order dated 18.1.1993. All Appellants denied the charges and submitted that they have been falsely implicated on account previous enmity.

(3.) Learned trial Court on the basis of prosecution evidence found that Appellants are guilty of having committed offence Under Section 3(1)(x) of the Act and according convicted and sentenced them as mentioned above.