PREMCHANDRA RAJAK Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this revision against the order dated 14.6.2006, passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Jabalpur, in Special Sessions Trial No. 17/06, framing the charge against them for the offences under section 147, 294, 323, 506, 353 of IPC and section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act, in brief 'the Act'.

(2.) LEARNED counsel for the petitioners submits that only grievance of the petitioners is that in the facts and circumstances of the case prima facie no charge under section 3 (1) (x) of SC/ST (Prevention Atrocities) Act is made out. The trial Court committed error in framing the charge under the provisions of the said Act. Petitioners did not challenge the framing of charge under other sections of Indian Penal Code.

(3.) DURING investigation, police recorded the statements of Imrat, Jhunnilal, Manish Patel and Asharam. All the aforesaid witnesses stated that petitioners had removed the stone slabs from the passage and were closing the passage, therefore, on objection being raised by the complainant, they hurled filthy abuses and intimidated him saying "Sala Adiwasi Kaise Sarpanch Retha Hai" and assaulted him.