DINESH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant under Sec. 374 (2) of Cr.P.C. against the judgment dtd. 28/2/2003 passed in Special Case No. 10/ 2002 by Special Judge (Atrocities), Rewa. By the impugned order, the trial Court has convicted the appellant under Sec. 323 of IPC and sentenced him to one year R.I. He has further been convicted under Sec. 3(i)(x) of the S.C./ S.T. Act and sentenced to 1 year R.I. and fine of Rs.500.00; in default 6 months R.I. Appellant has also been convicted under Sec. 451 of IPC and sentenced to 1 year R.I. and fine of Rs.500.00; in default 6 months R.I and also under Sec. 332 of IPC and sentenced to undergo 1 year R.I. and fine of Rs.1,000.00; in default 6 months R.I.

(2.) As per the prosecution story, on the date of the incident i.e. 5/12/2001 at about 1:30 p.m., the appellant has gone to Prathmik Pathshala, Raigarh, Tehsil Sirmore, District Rewa and abused the complainant Rajbahoran Saket. It is stated by the prosecution that the present appellant Dinesh Singh had assaulted the complainant when he was doing his official work. It is also alleged that when one Harish Prajapati had come to stop the quarrel then the petitioner had also abused him (Harish).

(3.) FIR was lodged by complainant Rajbahoran Saket at Police Station Sirmore upon which the police Station Sirmore took up the investigation and after conducting investigation registered offences punishable under Ss. 451, 353, 323 294 of the IPC and also under Sec. 3(i)(x) of the SC/ ST Prevention of Atrocities Act 1989 against the present appellant. Thereafter police filed the charge-sheet before the competent court of law where the charges under Ss. 451, 353, 323 and 332 of the IPC and also under Ss. 3(i)(x) of the SC/ ST Prevention of Atrocities Act were framed against the present appellant.