STATE OF MADHYA PRADESH Vs. PARASRAM

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 28.9.2001 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Damoh in special case No. 147/2000, whereby the respondent was acquitted of the charge under Section 3(1)(x) of SC/ST (Prevention of Atrocities), Act (hereinafter it will be referred to as "Special Act"). The prosecution's case, in short, is that, on 21.10.2000. at about 12 in the noon, the complainant Ram Prasad (P.W.2) went to the hotel of the respondent at village Futerakala, (Police Station Batiyagarh, District Damoh) to take some tea. The respondent shouted upon the complainant that being a Chamar by caste why he sat on the chair and thereafter, assaulted him with a bat. Thereafter, the complainant had lodged an FIR, Ex. P/2 and he was sent for his medico legal examination. Dr. K.L. Adarsh (P.W.I) had examined the complainant and gave his report, Ex. P/1. He found one contusion on right temporal region of the complainant caused within 12 hours by hard and blunt object. After due investigation, a charge -sheet was filed before JMFC, Hatta, who committed the case to the Special Court.

(2.) THE respondent abjured his guilt. He took a plea that he was falsely implicated in the matter.

(3.) SINCE no one was appearing for the respondent and appeal of the year 2000 is 14 years old and therefore, out of the panel of High Court Legal Services Committee, Shri G.S. Thakur, Advocate, who has vast experience in dealing with criminal cases, is appointed to argue the matter on behalf of the respondent and thereafter, I have heard the learned counsel for the parties.