RAHMAN AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred the present appeal being aggrieved with the judgment dated 23.5.1996 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Khandwa in Special Case No. 27/95, whereby the appellants have been convicted of offence under Section 147 of the IPC and Section 3(1)(xv) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as 'the Special Act') and sentenced to six months R.I. on each count.

(2.) THE prosecution's case in short is that the complainant Om Prakash (PW -2) was resident of village Gandhwa (Police Station Piplod, District Khandwa). He had constructed a hutment on a disputed land since last 12 -13 years. On 9.6.1995 at about 8:00 a.m., the appellants gathered at the spot having various arms in their hands and started destroying the house of the complainant. They uttered filthy abuses as well as abuses dependent upon the caste of the complainant. When the complainant and his wife Vandana (PW -3) had tried to prohibit the appellants, they assaulted them and consequently, Vandana had sustained abrasions on her wrists. The incident was being seen by Shaligram (PW -5), Ishram (PW -6) and so many persons. The complainant and his wife wanted to go the Police Station, Piplod to lodge the FIR but due to fear from the appellants, they went to Khandwa The FIR Ex. P/3 was prepared and submitted to the S.P. Khandwa, who sent that report to the In -charge of AJK, Prakoshta and thereafter, an FIR Ex. P/6 was recorded. The matter was transferred to the Police Station, Piplod. The victim Vandana was sent to the hospital for her medico legal examination. Dr. C.K. Sharma (PW -1) examined her at District Hospital, Khandwa and found one abrasion on her each wrist. He gave a report Ex. P/2 -A. After due investigation, the charge sheet was filed before the Special Court.

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