STATE OF MADHYA PRADESH Vs. SUNIL AND ORS.

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 13.3.2002 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Sehore in Special case No. 70/2000, whereby the respondents have been acquitted from the charges of offence under Section 3(1)(x) and 3(1)(v) of SC/ST (Prevention of Atrocities) Act (hereinafter it will be referred to as "Special Act ") and Sections 294, 447, 427 and 2 counts charges of Section 323/34 of IPC.

(2.) THE prosecution's case, in short, is that, on 4.7.1998, at about 5 p.m., the complainant Gulab Bai (P.W.3) alongwith her sister -in -law Anar Bai (P.W.6) went to her field, situated at village Dabri. She found that the respondent Sunil was ploughing the field and he destroyed the crop of Jawar. When the complainant prohibited to do so, the respondent abused the complainant with words relating to her caste. Thereafter, the respondent Sunil assaulted her by Farsi (bigger axe) causing injury on her left wrist. Thereafter, he threw a stone causing injury on her left shoulder. Anar Bai has tried to save the complainant then, the respondent Sunil assaulted her by Piranha, penetrating object and caused injury to her. Remaining respondents had various weapons with them and thereafter, the respondents ran away. The complainant had lodged an FIR in the same night at Police station Kotwali, District Sehore and thereafter, she was directed for her medico legal examination to District Hospital, Sehore. After due investigation, a charge -sheet was filed before the JMFC, Ashta, who committed the case to the Special Court.

(3.) THE trial Court after considering the evidence adduced by the parties, acquitted the respondents from all the charges.