SANTOSH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant was convicted and sentenced for committing offences under S. 3 (i) (x) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) and under S. 506 IPC and was ordered to undergo R.I. for six months and fine of Rs. 500/ - for each of the two offences. In default of payment of fine he was directed to undergo R.I. for two months. The two sentences were directed to run concurrently. ' This appeal has been preferred by the appellant from jail.

(2.) PRESECUTION story in short is that on 22.8.93 at about 8.00 a.m. the informant was at his house alongwith his family members, the appellant came there and abused him. The appellant is alleged to have tried to enter into the house stated that he would kill the informant while going to the school. After investigation, the police submitted charge -sheet under Ss. 294 and 506 IPC and under S. 3 (1) (x) of the Act The appellant was, however, acquitted for the charge under S. 294 IPC.

(3.) THE consistent evidence of the prosecution witnesses that the informant was abused but I do not find that the evidence of PW 1 Kailash and PW 2 Pushpabai regarding he being abused in public as a member of scheduled caste, stands proved by other witnesses. In that view of the matter, I give benefit of doubt to the appellant so far as conviction under S. 3 (1) (x) of the Act is concerned, and accordingly conviction of the appellant under S. 3 (1) (x) of the Act is hereby set aside as also the sentence thereunder.