PREMLAL GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 28.6.1999 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Sidhi in Special Case No. 15/1998, whereby the appellant has been convicted of the offence under section 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as the 'Special Act') and sentenced to six months simple imprisonment with fine of Rs. 200.00. In default of payment of fine two months simple imprisonment.

(2.) The prosecution's case is short is that on 2.1.1998 Patwari Shivnandan Singh (P.W. 1) went to the village Karthua (Police Station Jiawan, District Sidhi) to Comply the order of his superior to prepare a list of encroachers. When he was preparing such a list the appellant abused him and quarreled with him. He abused with the words relating to caste of the complainant. The complainant had lodged an F.I.R. Ex. P-2 in writing an therefore, SHO Jiawan had registered a case by the document Ex. P-3. After due investigation, the charge-sheet was filed before the Special Court.

(3.) The appellant abjured his guilt. He took a plea that he was falsely implicated in the matter due to enmity. In support, he tendered himself as a defence witness and hence the appellant Premlal Gupta (D.W. 1) as examined as a defence witness.