NARAYAN AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred the present appeal against the judgment dated 27.3.1998 passed by the Special Judge, Tikamgarh in Special Case No. 156 of 1997 whereby, the appellants have been convicted of offences under Section 323 of I.P.C. and 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Special Act") and sentenced to three months rigorous imprisonment with fine of Rs. 500/ - and one year's rigorous imprisonment with fine of Rs. 1500/ -, default sentence was also imposed in lieu of payment of fine.

(2.) THE facts of the case in short are that on 3.3.1994 at about 9.15 a.m. the prosecutrix (PW2) who, was going to fetch some milk at Village Dantgowra (Police Station Palera, District Tikamgarh) asked the appellant Sukha as to why he made a complaint against her to the Collector and thereafter, they held her hand and threw her on the ground and on wooden logs assaulted her by kicks and fats. One of the appellant sat on her chest and pressed her neck and therefore, her clothes were torn and swelling was caused on her chest. On her shouting Om Prakash (PW1), Rajesh s/o of the prosecutrix had come to the spot. The prosecutrix went S.P. Tikamgarh on the same day and on his direction a written FIR was given at Police Station Palera. On 5.3.1994 her FIR was registered at document Ex. P/2. She was sent for her medico legal examination. Dr. C.V. Arya (PW5) examined her on 3.3.1994 at Primary Health Centre, Palera and found multiple abrasions on her left hand, back, right chest and left neck. After due investigation a charge sheet was fled before the Special Judge.

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