LAXMI PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 20.9.2002 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Panna in Special Case No.48/2001, whereby the appellant has been convicted of offence under Sections 341, 323, 506(Part -II), 294 of the IPC and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as 'the Special Act') and sentenced to six months S.I. with fine of Rs.500/ -, six months R.I. with fine of Rs.500/ -, one year's R.I. with fine of Rs.1,000/ -, two months R.I. with fine of Rs.500/ - and one year's R.I. with fine of Rs.2,000/ - respectively. All the sentences to run concurrently, whereas the default sentence was also imposed in lieu of payment of fine.

(2.) THE prosecution's case in short is that the complainant Rajjulal Choudhary (PW -1) was resident of village Saleha. On 7.11.2000 at about 3:30 p.m., he was going to Nagod to see his ailing mother, who was admitted in the Hospital at Nagod. When he was going on the road, the appellant, who was sitting on a flour mill detained him and abused the complainant with obscene words. Also he abused him with words relating to his caste and gave him slaps etc. He threw him on the ground and sat on his chest and thereafter, he gave so many fists to the victim. The witnesses intervened and thereafter, the appellant ran away from the spot. The complainant went to see his ailing mother and at about 9:00 p.m. he came back to village Saleha and lodged the FIR Ex.P/1 at Police Station, Saleha. He was sent for his medico legal examination and after due investigation, the charge sheet was filed before the JMFC Panna, who committed the case to the Special Court.

(3.) THE Special Judge after considering the evidence adduced by the parties, convicted and sentenced the appellant as mentioned above.