DIWAKAR RAO MAKODE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall govern the disposal of this appeal as well as Criminal Appeal No. 1198/2001 (Ramnarayan Bishnoi v. State of M. P.) and Criminal Appeal No. 1233/2001 (Brij Bhushan Sharma v. State of M. P. ).

(2.) AS all these appeals arise out of the judgment passed by IIIrd Additional Sessions Judge (Fast Track Court), Betul in Special Case No. 13/91, whereby all the appellants were acquitted of an offence punishable under Section 3 (1) (xii) of the SC/st (Prevention of Atrocities) Act, 1989 (henceforth, 'the Act') but all of them have been convicted for an offence punishable under Section 376 (2) (g) of the Indian Penal Code (for short, 'the IPC) and appellant Brij Bhushan Sharma has been sentenced to imprisonment for life with fine of Rs. 25,000/- and in default whereof with further imprisonment for 2 1/2 years, appellants Ramnarayan Bishnoi and Diwakar Rao Makode have been sentenced to R. I. for 7 years each with fine of Rs. 10,000/- each in default whereof R. I. for one year each, they are being disposed of by this common judgment.

(3.) THE prosecution case as portrayed during trial is that prosecutrix Sukkobai (P. W. 1) is the wife of Sadhu (P. W. 3) and resident of Village Mardwani. She belongs to Scheduled Tribe. Appellant Ramnarayan Bishnoi is also a resident to Village Mardwani and his house is situated close to the house of prosecutrix. Three or four days prior to the date of incident, a police party from Betul visited Village Mardwani in connection with a dacoity. Accused/appellants Brij Bhushan Sharma, Sub Inspector and Diwakar Rao Makode, Head Constable were also the members of this police party.