STATE OF MADHYA PRADESH Vs. MANOJ

JUDGEMENT

(1.) Heard on admission. The State has preferred the present application for grant of leave to appeal against the judgment dated 29.8.2013 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, 1989 (for short "Special Act"), Raisen in Special Case No. 124/2011 whereby the respondents were acquitted from the charges of offence under Sections 451, 294, 506(II) of IPC and Section 3(1)(iv) and (x) of Special Act.

(2.) The brief facts of the case are that on 21.4.2011 the accused Manoj brought a dead cow by a tractor and thrown the same in front of the house of the complainant. On objection a quarrel took place, and therefore the respondents entered in the house of the complainant and abused her with obscene words. Also she was threatened. After due investigation, the charge sheet was filed and committed to the Special Court.

(3.) After considering the prosecution evidence, it would be apparent that Rambakhs (PW-6), Gaya Prasad (PW-7) and Kerabai (PW-8), who were the eye-witnesses did not support the statement of the complainant and her son. On the contrary they accepted that the accused persons threw a dead cow to a place where such dead cattle could be thrown. It was also established that since the accused persons were in possession of the land which was allotted to the complainant Laxmi Bai, and therefore there was enmity between the parties. Under such circumstances, it could not be established that the respondents threw a dead cow in front of the house of the complainant, and therefore prima facie no offence under Section 3(1)(iv) of the Special Act is made out against the applicants. Similarly, Laxmi Bai has accepted that since she is wife of Kotwar, and therefore she was called as Kotwari by the villagers, hence if the accused persons called her Kotwari, then it cannot be said that an insult was caused on the basis of her caste. Under such circumstances, no offence under Section 3(1)(x) of the Special Act is constituted. When it was not proved beyond doubt that the accused persons threw a dead cow in front of the house of the complainant, there was no question of quarrel etc., and therefore it cannot be said that the respondents committed of crime under Sections 451, 294, 506(II) of IPC. If they would enter in the house to give lesson to the complainant, then they must be assaulted her or son, however there is no such allegation against the accused persons. There is no medical evidence in support of complainant Laxmi Bai and her son. Under such circumstances, the judgment directed against the respondents appears to be correct. There is no basis by which leave can be granted to file an appeal against the judgment of acquittal.