STATE OF MADHYA PRADESH Vs. BIHARILAL AND ORS.

JUDGEMENT

(1.) THE State has preferred the present criminal appeal being aggrieved with the judgment dated 17.9.1998 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Damoh in Special Case No. 2 of 1998 whereby, the respondents have been acquitted from the charge of offences under Sections 294, 323, 506(B) of I.P.C. and Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred to as the "Special Act").

(2.) THE prosecutions case in short is that on 26.3.1997 at about 7.15 p.m the complainant Jawarharlal (PW1) talked with some one in front of Farooq Medical Store, Damoh and thereafter, he started his moped and left the place. In the midway, near Ghantaghar the respondents abused the complainant with words relating to his caste and with obscene words. On instigation of respondent Badri Singh, the remaining respondents threw chilly powder in eyes of the complainant. On shouting of complainant, Narmada Prasad (PW2) and Roshan etc. reached to the spot and thereafter, the respondent Badri gave a threat to the complainant. The complainant went to one Uma Puranik and thereafter, an intimation was given to the Police Station by phone. Soon after the phone call the complainant went to the Police Station Kotwali, Damoh and lodged an FIR Ex.P/1. The complainant was sent for his medico legal examination. Dr. K. K. Tamrakar (PW4) examined the victim at District Hospital, Damoh and gave his report Ex.P/3. After due investigation a charge sheet was filed before the Special Court.

(3.) THE Special Judge after considering the evidence adduced by the parties acquitted the respondents from all the charges.