SHARAD KACHHI Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant under Section 374 (2), Cr. PC, 1973 against the judgment of his conviction and order of sentence dated 10-8-94 passed by the Special Judge, Panna in Special Case No. 86/92 convicting the appellant under Sections 3 (1) (x) and 3 (1) (xiv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') and sentencing him to suffer rigorous imprisonment of six months and fine of Rs. 500/-, in default of payment of fine amount, further simple imprisonment of one month under each offence.

(2.) IN brief the case of prosecution is that on 1-10-92 at 5. 30 p. m. complainant released his oxen and they entered in the field of one Marua Choudhary, which is given to appellant on crop share basis (Adh Batai) as a result of which some hot talk took place between the complainant and accused-appellant. As per the case of prosecution, appellant hurled abuses of mother and daughter. The complainant pecified and refrained him from hurling the abuses, as result of which appellant by holding a lathi ran towards him. The complainant was running away, however the appellant restrained him as a result of which complainant could not go to his house. The appellant also gave lathi blow to him which landed on his hand. The complainant lodged a report on the next day, i. e. , on 2-10-92. A case was registered against the appellant and after investigation a charge-sheet was submitted.

(3.) THE Special Court framed charges under Sections 3 (1) (x) and 3 (1) (xiv) of the Act. Needless to emphasis, appellant abjured his guilt and pleaded complete innocence.