SUSHILA DEVI SHARMA Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS revision petition is directed under section 397 read with section 401 of Criminal Procedure Code (for short 'the Code') against the Order dated 18 -10 -2004 passed by Special Judge, (Scheduled Castes and Scheduled Tribes) in Sessions Trial No. 569/04 whereby directions for framing charges under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') have been given and in pursuance of this order the said charges are framed against applicant,

(2.) ACCORDING to prosecution case complainant Radhelal Pawle who is 'Gond' by caste, as scheduled under the Tribal community, was working as a watchman along with his wife Smt. Krashna Bai as agricultural labourer at the field of accused Smt. Sushila Bai Sharma situated at 'Katiya Ghat' Jabalpur. On 3 -4 -2004 applicant came to field and asked complainant to hand over all goods and implements, in pursuance of it same were counted. Thereafter complainant was asked to leave that field in growth his family. But for leaving that place, he demanded Rs. 2080/ - as arrears of wages for himself and his wife which was denied by applicant by saying that you run away 'Gudwa' there is no money for him and if he speaks more then she will lodge a report against him for theft in which he would be arrested.

(3.) ON which complainant gave a report in writing to Station House Officer of Tribal Welfare Police Station, Jabalpur, with a copy to P. S. Barela (Gwarighat Chauraha) where the offence was registered as Crime No. 120/04 under section 294 of Indian Penal Code and 3(1)(x) of S. C. and S.T. Act on 4 -4 -2004. On investigation a charge -sheet was submitted before the Special Court by which abovesaid charge was framed.