HARIGOPAL KATIYA Vs. JAGDISH PRASAD

JUDGEMENT

(1.) HEARD on admission. The appellant has preferred the present appeal under Section 372 of the Cr.P.C. against the judgment dated 14.9.2012 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Hoshangabad in Special case No. 65/2011, whereby the respondents No. 1 to 4 were acquitted from the charges of offence punishable under Sections 323 or 323 read with Section 34, 341, 294, 506 of IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act (hereinafter it will be referred to as 'Special Act').

(2.) THE prosecution's case, in short, is that, on 4.2.2011, at about 7 a.m. in the morning, at village Chargaon, the victim Harigopal (P.W. 1) was going to answer his call of nature. When he was on the way, in front of house of the respondent Jagdish, the respondents assaulted him by slaps. They scuffled with the complainant and thereafter, the respondent Maan Singh assaulted him by a stick on his left thigh. His father Nathuram (P.W. 2), mother Munni Bai (P.W. 4), brother -in -law Devkaran and others saved him. The victim was sent for his medico legal examination to Government Hospital, Bankhedi. Dr. Pushpa Chandel (P.W. 7) examined the victim Harigopal and gave her report, Ex. P/9. She found one contusion on the back portion of left thigh of the victim. Thereafter, a case was registered on 7.3.2011 and after due investigation, the charge -sheet was filed and case was committed to the Special Court.

(3.) THE learned Special Judge, after considering the evidence adduced by the prosecution, acquitted the respondents from all the charges.