GANESH AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal being aggrieved by impugned judgment dated 11.3.1998 passed by the learned Special Judge (under the SC/ST, {Prevention of Atrocities} Act). Raisen in Special Case No. 26/96 by which appellants have been convicted under Sections 3(1)(v) of SC/ST (Prevention of Atrocities) Act and Section 447 and 323 of the IPC and sentenced to undergo SI for 6 months and fine of Rs. 500/-, Fine of Rs. 500/- and Fine of Rs. 500/-each with default stipulations.

(2.) Facts, in short, giving rise to this appeal are that on 1.5.1991 at about 10.00 a.m. when complainant Madan was ploughing his Survey Land No. 369/2, appellants entered into the land in his possession, intercepted him, assaulted and tried to dispossess him from his agricultural land. Thereafter, an FIR was lodged by complainant Madan at Police Station Gairatganj against the appellants. The offence under Sections 447, 323, 34 of IPC was registered against the appellants.

(3.) After usual investigation, the appellants along with other co-accused persons have been prosecuted before the Special Judge (SC/ST, Atrocities Act). They have been charge sheeted for the offence punishable under Sections 447, 323 of IPC and Section 3(1)(x) and 3(1)(v) of SC/ST (Prevention of Atrocities) Act. Appellants abjured their guilt and pleaded false implication. The have not examined any witness in their defence.