ANSAR ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment, conviction and sentence dated 22.12.1997 directed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Sehore in Special Case No. 511 of 1997 whereby the appellant is convicted for offence punishable under Section 3(1)(iv) of SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred to as the "Special Act") and Section 294 of I.P.C. and sentenced with two years rigorous imprisonment with fine of Rs. 2000/ -, default sentence was also granted. The prosecution's case, in short, is that on 25.3.1981 the complainant Nandram (PW1) was allotted a plot having size 50 x 30 sq.ft. by Panchayat in sum of Rs. 225/ - and a receipt Ex. P/4 was issued by the Panchayat and possession of that land was given to the complainant Nandram. On 10.10.1996, at about 11.00 a.m., Nandram and his daughter -in -law Lalita Bai (PW2) were present on that land because the complainant Nandram was using that land as khala (a place where ripen crops are kept for its preparation and to get grains). The appellant came to the spot and started removing the fencing of that plot. When the complainant Nadram objected then the appellant told that he had a patta of that land and also he told obscene words to Lalita Bai and he expressed a sentence of insult towards the complainant on the basis of caste. The complainant Nadram went to Sarpanch Tulsiram (PW3) and informed about the incident and thereafter, he had lodged an FIR Ex. P/1 at Police Station Jawar. The charge sheet was filed after due investigation before the Special Judge.

(2.) THE appellant abjured his guilt. He did not take any specific plea but, he has stated that he was in possession of that land since long and he did not commit an act of encroachment on that land on the given date. However, no defence evidence was adduced.

(3.) I have heard the learned counsel for the parties.