STATE OF M.P. Vs. SUBHASH

JUDGEMENT

(1.) HEARD on admission. This appeal has been filed under Section 378 of the Code of Criminal Procedure, 1973 being aggrieved with the judgment of acquittal passed by Special Judge, Bhind, in Special S.T. No. 112/06 whereby the respondents have been acquitted of the charges under Sections 323/34, 506 Part II/34 of IPC and Sections 3(1)(x) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) THE facts in brief are that on 2.8.2006 Ashabai (PW -1) and Bishunlal (PW -3) visited their agricultural field. They saw that respondents are cultivating the land. When they objected, respondents abused them in the name of caste and thereafter the respondents pulled down Ashabai and gave beating to her. The incident was witnessed by Ramsevak and Abhishekh. After due investigation, charge -sheet has been filed. The learned trial Court framed the charges under Sections 323/34, 506 Part II/34 of IPC and Sections 3(1)(x) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. After appreciating the evidence and material, the learned trial Court has acquitted the respondents. Being aggrieved, the appellant/State has preferred this appeal.

(3.) LEARNED counsel for the respondents supported the order of learned trial Court.