STATE OF MADHYA PRADESH Vs. KADEER KHAN

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 12.2.2002 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Hoshangabad in Special Case No. 529/2000, whereby the respondent was acquitted of the offences under Section 324 of IPC and Section 3(1)(x) of the SC/ST (Prevention of Atrocities), Act (hereinafter it would be referred as the 'Special Act').

(2.) FACTS of the case in short are that on 8.9.2000 at about 10:00 p.m. in the night, the complainant Rupesh Kumar (PW -2) was standing in front of his house at village Hinotiya (Police Station Bankhedi, District Hoshangabad). The respondent came out of his house and abused the complainant with the words relating to his caste and assaulted by a knife causing injury on his left wrist. The complainant had lodged the FIR Ex.P/6 at Police Station, Bankhedi and thereafter he was sent for his medico legal examination to the Community Health Centre, Bankhedi, where Dr. Jayant Harne (PW -6) had examined him and gave the report Ex.P/4. He found an incised wound having size 3" x 1" on left wrist of the victim. The injury was in the shape of spindle. After due investigation, the charge sheet was filed before the Chief Judicial Magistrate, Hoshangabad, who committed the case to the Special Court.

(3.) AFTER examining the evidence adduced by the parties, the trial Court acquitted the respondent from the aforesaid charges.