SHANKAR LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant Shankarlal has filed this appeal under Section 374 of Criminal Procedure Code, 1973 being aggrieved by the judgment dated 10.02.1998 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Chhatarpur in Special Case No. 114 of 1996, State of M.P. through P.S. Baxwaha v. Shankarlal, whereby the appellant was convicted under Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, here -in -after in short the SC/ST Act and sentencing for rigorous imprisonment of 6 months and fine of Rs. 500/, in default of payment fine to further go to suffer simple imprisonment for 45 days. In short the case of prosecution was that on dated 07.09.1996 at 8:00 a.m. in village Teiyamar when complainant Santu, a member of Schedule Caste, accompanied with Ajuddhi went to the house of appellant Shankarlal to settle the re -payment of amount of Soyabeen, Shankarlal abused Santu by using filthy language with intention that Santu belongs to Scheduled Caste Category by passing remark that (Chamre Sale Teri Je Okat Ki Turn Mere Pass Akar Khada Ho Gaya). Appellant Shankar also beaten complainant Santu by giving a shoe blow on his back, even then complainant Santu asked what is his fault. Appellant Shankar threatened him also that if he will say this incident to anybody or report he will be murdered. Ajuddhi Ahirwar, Jamuna Yadav, Swami Yadav and others were witness the incident. Upon written complaint of Santu, a case was registered against Shankarlal. The investigation Officer went to the place of the incident, prepared spot map, recorded statement of complainant Santu and other witnesses, collected caste certificate and arrested Shankarlal. After due investigation chargesheet was submitted for trial before the learned Special Judge.

(2.) LEARNED trial Court framed charges against appellant punishable under Section 3(i)(x) of SC/ST Act and Section 323, 506B of Indian Penal Code who abjured his guilt and claims to be tried.

(3.) DURING the statements under Section 313 of the Criminal Procedure Code, 1973 the appellant denied all the evidence put forth against him and pleaded his innocence. Bandu (DW -1), Lallay Yadav (DW -2) and Dwarka Prasad Yadav (DW -3) were examined as defence witnesses.