HARLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 23.4.1997 passed in Sessions Trial No.6/93 by the Second Additional Sessions Judge, Neemuch whereby the appellants were held guilty for the charge under Section 147 of IPC and also for the charge under Section 3(1)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'Prevention of Atrocities Act') and sentenced to undergo one year RI with fine Rs.1000/- and six months RI with fine Rs.1000/-,in default three months and one month additional RI for each charges respectively, and both the sentences were directed to run concurrently.

(2.) The prosecution story as alleged is that on 9.1.1991 at about 3.00 P.M. the incident has taken place in village Guthlai. It was alleged that complainant- Shankar ploughing the disputed fields since last 10-12 years though mortgaged with the accused persons. On the date of incident, he was grazing the cattle along with his sons, namely, Bagdiram and Shivnarain. At that time, accused Mohan asked to leave possession and come out from the field purchased by them. On being said by complainant that the fields were merely mortgaged and they are in possession, then all the accused persons hurled abuses for taking possession and assaulted by means of lathi thereby the complainant and other persons received injuries whereupon the offence under Sections 147, 148, 323, 341 and 325 of IPC and Section 3(1)(v) of the Prevention of Atrocities Act was registered.

(3.) On filing charge sheet before the Chief Judicial Magistrate it was committed to the Court of Session. The charges were framed for the offence under Sections 147, 148, 323, 325 and 341 of IPC as well as Section 3(1)(v) of the Prevention of Atrocities Act. The accused persons have abjured their guilt and took a defence of false implication with a view to create pressure and to restrain them from cultivation of land. The Trial Court recorded the finding proving the charge under Section 3(1)(v) of the Prevention of Atrocities Act because complainant-Shankarlal in his statement described himself to be of sub-caste 'Jatia' which falls in 'Jatav' caste, and no cross-examination has been made however considering the uncontroverted testimony, held that the complainant belong to the Scheduled Caste community. It has further been held that the accused persons were trying to wrongfully dispossess the complainant interfering with the enjoyment of the right of use over the Iand, therefore the charge under Section 3(1)(v) of the Prevention of Atrocities Act was found prove. Similarly, as per the evidence brought on record it was observed that the accused persons have tried for rioting by constituting unlawful assembly in prosecution of the common object, however they were found guilty of the said charge, however held guilty for the said charges also. It is made clear here that the charges framed under Sections 148, 323, 325 and 341 of IPC were not found prove however for the said charges accused persons were acquitted.