PAHELWAN AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred the present appeal being aggrieved with the judgment dated 8.5.1998 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Tikamgarh in Special Case No. 145/1997 whereby the appellants have been convicted of offence under Section 323/34 of IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as the "Special Act") and sentenced to fine of Rs. 500/ - and RI for one year with fine of Rs. 1000/ -. In lieu of payment of fine, default sentence was also imposed.

(2.) THE prosecution's case, in short, is that the complainant Banshilal (PW -1), who was the Rural Agricultural Development Officer, Niwadi went to celebrate the festival of Holi at Village Rampura (Police Station Niwadi District Tikamgarh). On 20.3.1992 at about 7:00 PM when the Holi was being celebrated, the complainant Banshilal went on a platform constructed in front of house of Betali Gadariya. The appellants objected and they shouted upon the complainant that being Basore he had no status to stand on the platform. Thereafter all the four persons assaulted him by kicks and fists. On the next day at about 9:30 AM, a written report was given to the Officer of Police Station Niwadi. The victim was sent for his medico legal examination. Dr. N.D. Sharma (PW -8) examined the victim Banshilal at the Community Health Centre Niwadi and gave his report Ex. P -9. Four simple injuries were found to the victim. After due investigation, a charge sheet was filed before the JMFC Tikamgarh, who committed the case to the Special Court.

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