BHARAT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being dissatisfied by the Judgment dated 18-12-1997 passed by the learned Special Judge (under SC & ST (Prevention of Atrocities) Act in Special Case No. 66/97 thereby finding the appellants guilty of the offence punishable under Section 204, IPC and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act (hereinafter referred to as the Act) convicted each of them and sentenced to pay a fine of Rs. 300/- each and R.I. for six months with fine of Rs. 500/- in default of payment of fine (in total Rs. 800/-) each shall suffer additional R.I. for three months, the appellants have preferred this appeal.

(2.) Facts of the prosecution case as unfurled before the trial Court were that the complainant Rameshwar and Sobajsingh had established an idol of Godess Durga in Harijan locality of village Jamodl and on that occasion they had fixed the loud-speaker. On the idol and loudspeaker the accused persons threw stones and hurled abuse to Rameshwar and Sobalsingh in the name of their caste namely, Balai-Chamar who reported the matter to the Tehsildar Executive Magistrate. Tonk Khurd in writing. The Tehsildar, Tonk forwarded that application of Rameshwar (Ex. P.1) to the SHO Pipalranwa who reduced a Dehati Nalishi (Ex. P. 3) in writing and registered FIR (Ex. P.4) on the basis of the Dehati Nalishi. Police prepared the Spot map and after due investigation, charge-sheeted the appellants. The appellants denied the charges.

(3.) In order to establish its case, prosecution examined ' the complainant Rameshwar, Sobalsingh and I.O. while the accused persons examined Dhansingh in their defence. After hearing learned counsel for the parties, the trial Court found that appellants guilty of the aforesaid offences. convicted and sentenced them as indicated hereinabove.