SONU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first criminal appeal filed under Sec. 14A (1) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 being aggrieved by the order dtd. 24/1/2024 passed by Special Judge (SC/ST Act) Rajgarh (Biaora) District Rajgarh in Special Case No.142/2019, whereby, the appellant has been convicted under Sec. 323 of IPC and 3(2)(va) of SC/ST Act and sentenced to undergo 06 - 06 months RI with fine Rs.1000, 2000.00.

(2.) The facts of the case are that on 13/07/2019, at about 8:00 P.M., complainant Sultan Singh lodged report that after doing market, he was returning back to his house. When he reached near culvert at Chhapi Dam, one Sonu Mewade came and abused him. The complainant asked him to not to abuse, upon this, Sonu assaulted the complainant with stone, blood oozed out. Ramesh and complainants wife Kalabai reached at the spot and intervened. After that, Sonu fled away from the spot. The matter was reported to police and report is registered. After investigation police has filed charge-sheet before the Special Court. The learned trial court has framed charges against the appellant u/s 294, 323, 506 Part-II of I.P.C. and u/s 3(1)(r), 3(1)(s), 3(2)(va) of The Schedule Caste and The Schedule Tribe (Prevention of Atrocities) Act, 1989. Appellant has abjured the guilt. Prosecution lead their evidence and after completion of trial, learned trial court has acquitted the appellant from offence punishable u/s 294, 506 Part-II of I.P.C. and u/s 3(1)(r), 3(1)(s) of The Schedule Caste and The Schedule Tribe (Prevention of Atrocities) Act, 1989 but convicted the appellant Sonu U/s 323 of LP.C. and 3(2)(va) of The Schedule Caste and The Schedule Tribe (Prevention of Atrocities) Act, 1989 and sentenced him as mentioned here-in-above.

(3.) At the outset, learned counsel for the appellant submits that the appellant is not challenging the order of conviction on merits but is confining his challenge on the question of sentence. It is submitted that under Sec. 323 of IPC no mandatory jail sentence is prescribed and as per the provision of Sec. 3(2)(va) of SC/ST Act same sentence is prescribed which is for the substantive Sec. of IPC under which the accused is convicted.