PADMANISH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 18.9.2002 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act, Waraseoni in Special Case No. 4 of 2002 whereby the appellant has been convicted of offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act (hereinafter referred to as the "Special Act") and Section 323 of I.P.C. and sentenced to two years rigorous imprisonment with fine of Rs. 1000/ - and six months rigorous imprisonment with fine of Rs. 1000/ -. Both the sentences to run concurrently. Default sentence was also imposed.

(2.) THE facts of the case in short are that the complainant Bajirao (PW1) had lodged a written report at Police Station, Waraseoni on 25.11.2001 that at about 3.30 p.m. when he was taking rest in his house situated at Ward No. 4 of Waraseoni, one of his previous student knocked the doors. In the meantime, the appellant told the previous student that he did not require any permission and it was a house of "dedh" so go inside without knocking. When the complainant Bajirao opened the door and asked that student who abused him, then he told the name of the appellant Padamnish. When Bajirao asked the appellant as to why he abused then Padamnish assaulted him by sticks for two times. The complainant has made allegations in the FIR against Gudda, brother of the appellant. A case was registered. The victim was sent for his medico legal examination to Civil Hospital, Waraseoni where he was examined by Dr. Mr. Manoj Pandey (PW4). Dr. Pandey gave a report Ex. P/6. He found three injuries to the victim. Those injuries were on left shoulder, right scapular region and on left lower back. After due investigation, a charge sheet was filed before the JMFC, Waraseoni who, committed the case to the Special Court and ultimately, it was transferred to the Special Judge, Waraseoni.

(3.) THE Special Judge after considering the evidence adduced by the parties acquitted the co -accused Guddu in toto. The appellant was also acquitted of offence under Section 452 of I.P.C. but, convicted and sentenced as mentioned above.