ASHOK Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 19/3/1998 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Damoh in Special Case No.452/1996 whereby each of the appellant has been convicted of offence under Sections 148, 506 -B of IPC and Sections 3(1)(x) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as Special Act) and sentenced to one year's RI, six months' RI, six months' RI and three years' RI respectively. The appellant No.1 has also been convicted of offence under Section 326 of IPC and sentenced to three years' RI with fine of Rs.1000/ -, whereas the remaining appellants have been convicted of offence under Sections 326/149 of IPC and the sentence similar to the appellant No.1 was passed against them.

(2.) The prosecutions story, in short, is that on 7.11.1996 the complainant Nanhe Bhai (PW -2) was going to the house of one Lakhan Singh to get some grains at Village Jhagri (Police Station Pathariya District Damoh). In front of the house of Gulab Singh, appellant No.1 Ashok Lodhi detained him and abused him with obscene words and words related to his caste and gave blow of katarna on his head. Thereafter he gave a second blow on his left wrist. In the meantime, the other appellants Chandan Singh, Deo Singh, Roop Singh and Devi Singh arrived with sticks. They also abused the complainant with obscene words and the words related to the caste of the complainant and assaulted him with sticks causing various grave injuries. Witnesses Gulab Singh (PW -5), Mulu (PW -1) and Badi Bahu (PW -3) -wife of the complainant had saved the complainant. Complainant Nanhe Bhai went to the Police Station Pathariya with the help of others and lodged an FIR Ex.P -2. He was sent for his medico legal examination to the Primary Health Centre, Pathariya. Dr.E. Minj (PW -10) examined the complainant Nanhe Bhai and gave his report Ex.P -15A. He found two incised wounds to the complainant, out of them one was on his head and second was on his left wrist. Three blunt wounds were found upon the complainant on his right wrist, left thigh and right knee. Complainant Nanhe Bhai was referred for his X -ray examination. Dr.O.P.Dubey (PW -6) examined the victim Nanhe Bhai radio -logically and gave his report Ex.P -13. He found a fracture of ulna bone in his left hand as well as right hand. There was a fracture in femur bone. After due investigation, a charge sheet was filed before the Special Judge, Damoh.

(3.) The appellants -accused abjured their guilt. They did not take a specific plea, however they have stated that they were falsely implicated in the matter and no defence evidence was adduced.