GORELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 1.10.2002 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Sehore in Special Case No.10/2002 whereby the appellant has been convicted of offence under Section 447 of IPC and Section 3(1)(iv) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as "Special Act") and Sentenced to a fine of Rs.500/ - and RI for six months with fine of Rs.1000/ -. The default sentence was also imposed in lieu of payment of fine amount.

(2.) THE prosecution's case, in short, is that on 16.7.1999 at about 11 -12 in the noon the appellant entered in the field of the complainant Motilal (PW -1) situated at Village Barkheda (Police Station Ichhawar District Sehore) and ploughed the field of the complainant and sown the soybean in that field. When the complainant and his wife objected, he threatened them. On 9.8.1999 the complainant had lodged an FIR Ex.P -1 and thereafter the investigation was initiated. After due investigation, a charge sheet was filed before the CJM Sehore, who committed the case to the Special Court.

(3.) THE appellant -accused abjured his guilt. He took a plea that he was in possession of that land and he did not commit any crime, however no defence evidence was adduced.