HIRADAS Vs. STATE OF MP

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 6 months' rigorous imprisonment. Fine of Rs. 100/- has also been imposed and in default of payment of fine, one month SI 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's simple imprisonment. Aforesaid conviction and sentence has been handed down by the I, Additional Sessions Judge, Mandsaur, in Special Case No. 94/1992. Being aggrieved by the conviction and sentence, 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 (PW1) 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 dealt lathi blows. Balakdas (PW 2) and Banshilal (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-l) 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 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 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 of previous enmity.

(3.) AS a result of foregoing discussion, the appeal filed on behalf of the appellants is allowed and the impugned judgment of conviction and sentence under section 3(1) (x) of the Act is set aside and the appellants are acquitted of the said charge. The amount of fine, if deposited by appellants pursuant to the impugned judgment of the trial Court be refunded to them. Their bail bonds stands discharged. Consequently, the appeal is allowed. Order accordingly.