PRAHLAD AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred the present appeal being aggrieved with the judgement dated 23.12.1999 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Narsinghpur in Special Case No.35/1999 whereby each of the appellant has been convicted of offence under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as "Special Act") and Sections 323, 342 and 147 of IPC and sentenced for six months - RI with fine of Rs.500/ -, six months - RI, four months - RI and six months. All the sentences were directed to run concurrently.

(2.) THE prosecution's case, in short, is that on 23.8.1998 complainant Lakhan Singh (PW -1) went to a Paan shop of the appellant No.7 Mulam. Incidentally he touched the plate of Paan (betel leaf), and therefore the appellant No.7 shouted at him because the complainant being a scheduled caste member touched the plate of Paan. Thereafter on 24.8.1998 the appellant No.7 called a Panchayat at Panchayat Bhawan Belkhedi. Complainant Lakhan Singh along with his companions Atari @ Puran (PW -6), Arjun Singh (PW -5), Kumer Singh (PW -4) and Bhikam @ Bhola (PW -3) went in the Panchayat. In Panchayat the appellants abused complainant Lakhan Singh with the words dependent upon the caste of the complainant. All the appellants assaulted him by kicks and fists. The appellants also assaulted Atari @ Puran, Arjun Singh, Kumer Singh and Bhikam @ Bhola. The victims had been confined in the Panchayat Bhawan by the appellant Prahalad. Kotwar Bhikam Singh (DW -1) had informed to ASI Ummed Singh Rajput (PW -12) of Police Station Themi, who went to the spot and released the victims. A Dehati Nalishi (Ex.P -1) was recorded and the victims were sent for their medico legal examination. Dr. B.K.Saxena (PW -7) had examined the victims Lakhan Singh, Atari @ Puran, Arjun Singh and Kumer Singh at District Hospital Narsinghpur and gave his respective reports Ex.P -4 to P -7. He found simple injuries to these persons, whereas Dr. Alok Kumar Shrivastava (PW -11) examined the victim Bhikam and gave his report Ex.P - 10. After due investigation, a charge sheet was filed before the Special Judge.

(3.) AFTER considering the evidence adduced by the parties, the Special Judge has convicted and sentenced the appellants as mentioned above.