RAMLAL AND ORS Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 31/01/2004 passed by the learned Special Judge (under {under the SC & ST (Prevention of Atrocities) Act], Morena in Special Case No.152/2000 (State of Madhya Pradesh Vs. Ramlal and others), convicting the appellants under Sections 147,148, 382 read with 149 of IPC & 3(1) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') and thereby sentencing each of them to suffer one year rigorous imprisonment, one year rigorous imprisonment, five years rigorous imprisonment with fine of Rs.1,000/ and six months rigorous imprisonment with fine of Rs.100/ respectively with default clause, the appellants have preferred this appeal under Section 374 of Code of Criminal Procedure, 1973.

(2.) The prosecution case, in brief, may be narrated as under:

(3.) The learned Trial Judge on the basis of the material placed on record framed the charge as mentioned hereinabove against all the accused persons. The accused persons denied it and claimed to be tried. The defence of all the accused persons is of false implication on account of rivalry of the land dispute. The seized crop of Bajra belongs to them and the same defence they set forth in their statements recorded under Section 313 of the Code of Criminal Procedure, 1973. The accused Kedar stated in his examination that father of Kanchan Bai (P.W.1) sold the land in his favour for a consideration of Rs.30,000/ twenty years ago, since then he is in possession of the land. Since the land belongs to scheduled caste person, the same could not be got registered, thereafter Kanchan Bai got her name mutated in the revenue record being legal heir illegally and with an ulterior motive harassing them.