BASANT RATHOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been filed by the appellants against the judgment of conviction dated 21.12.06 passed by learned Addl. Sessions Judge, Umaria in Sessions Trial No.52/06 whereby the appellant no.1 and 3 Basant Rathor and Magani Bai have been sentenced to undergo R.I. for six months with fine of Rs.500/ - under Section 323/34 of IPC, and appellant no.2 Urmila Bai has been sentenced to R.I. for six months with fine of Rs.500/ - under Section 323 of IPC.

(2.) ACCORDING to the prosecution, on 29.06.05, present three appellants and acquitted seven accused persons knocked the door of house of complainant Semiya Bai and when she open the door appellant no.2 Urmila Bai caught hold her hair and brought her outside the house and abused her as Witch. The appellants no.1, 3 and their companions also abused her and repeated that she is a Witch and to punish and insult naked her in a public place. Semiya - daughter of complainant tried to intervene the matter, she was also beaten. Thereafter few other persons came there and intervened. The matter has been reported to the police station and offence under Sections 448,294,323,354A, 506 -B/34 of IPC was registered against the appellants.

(3.) THE learned Additional Sessions Judge acquitted the co -accused persons Keshri Rathore, Bhanu Rathore, Dhaniram Rathore, Ramnath Rathore, Vaishali Rathore, Phoolbai and Aasmati from all the charges leveled against them and also acquitted the appellant Basant Rathore, his wife Urmila Bai and mother Magani Bai from the charges punishable under Sections 452, 294, 506 Part -II and 354 -A of IPC but found the appellants guilty for the offence punishable under the aforesaid Sections of the IPC and convicted and sentenced them as above, hence this appeal.