DALIRAM Vs. ASHOK KUMAR AND ORS.

JUDGEMENT

(1.) THE applicant has preferred the present revision against the judgment of acquittal dated 23.1.2001 passed by the 1st Additional Special Judge under SC/ST (Prevention of Atrocities) Act, Waraseoni, District Balaghaat in Special Case No. 98/2000, whereby the respondent nos.1 & 2 have been acquitted from the charges of offence under Sections 332, 506 -B & 457 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').

(2.) THE prosecution's case in short is that on 6.9.2000 at about 4:25 p.m. the complainant Daliram (PW -1), who was a teacher in the Government Middle School, Dongarmali (Police Station Rampayli, District Balaghat) was present in the school. Some girls had informed that the respondent nos.1 & 2 were standing in the ground and making comments over the girls. Teacher Daliram went to the spot and asked the respondent nos.1 & 2 about their presence in the school campus then, they came inside the school and abused him with obscene words and words relating to his caste and also assaulted him by kicks and fists. Peon Chandu Lal saved the complainant however, the respondent nos.1 & 2 gave a threat to the complainant and thereafter, started assaulting him by the belts. The complainant Daliram sustained the injuries on his head, back and chest. Another teacher Mr. Lilhare came and saved the complainant Daliram. The complainant referred the matter to the Sarpanch concerned but no decision was taken and therefore, on 8.9.2000, he had lodged an FIR Ex.P/1. He was sent for medico legal examination and after due investigation, the charge sheet was filed before the JMFC Waraseoni, who committed the case to the Special Court.

(3.) AFTER considering the evidence adduced by both the parties, the trial Court acquitted the respondent nos.1 & 2 from all the charges.