STATE OF MADHYA PRADESH Vs. SADHU AND ORS.

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment of acquittal dated 11.11.1998 passed by the Special Judge for SC/ST (Prevention of Atrocities) Act, Panna in Special Case No. 61 of 1997 whereby, the respondents no.1 to 4 have been acquitted from the charge of Section 3(1)(v) of SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as a "Special Act") and Section 323 read with Section 34 of I.P.C.

(2.) FACTS of the case in short are that on 14.11.1995 the complainant Ramashraya (PW5) and his companion Buddhu (PW7) were coming from their fields to their house then the respondents restrained them in the way that they could not go through that way because of their caste. Thereafter, they assaulted these two persons by sticks causing injuries to them. They had also threatened the victims. Ramashraya had lodged an FIR Ex.P/6 at Police Station AJK, Panna. The injured persons were sent for their medico legal examination to District Hospital, Panna. Dr. Vijay Parmar (PW1) had examined Buddhu and Ramshre and gave his report Exs. P/1 and P/2 respectively. According to Dr. Parmar, Buddhu sustained two rail marks on his back caused by hard and blunt object like stick whereas, Ramashraya sustained a contusion on his right thumb. After due investigation a charge sheet was filed and trial was initiated.

(3.) THE trial Court after considering the evidence adduced by the parties acquitted the respondents from the aforesaid charges.