GOPAL YADAV @ KALLOO Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been preferred under Section 374 (2) of Cr.P.C being aggrieved by the judgment dated 30.05.2003, passed by the Special Judge (Prevention of Atrocities), Panna in Special Case No. 17/2002, whereby the appellant has been convicted for the offences under Sections 341, 294, 323 read with Section 34 and 506 (ii) of I.P.C and Section 3 (i) (x) of SC ST (POA), Act, 1989 ( in short "Act, 1989)" and sentenced to undergo one month simple imprisonment and fine of Rs.100/-, one month simple imprisonment and fine of Rs.100/-, rigorous imprisonment for four months and fine of Rs.200/-, rigorous imprisonment for six months and fine of Rs.100 and rigorous imprisonment for six months with fine of Rs. 500/- respectively with stipulated default.

(2.) According to the prosecution case on 26.10.2002 at about 10 p.m, the complainant Faddi (PW 1) who is the Sarpanch of village Ludhani was returning from "Devi Darshan" and was standing in front of the house of Ghasauta. Few days back, accused Punniraja @ Pooran Singh demanded rice from the Public Distribution System which was refused by the complainant Faddi (PW 1). Therefore, the accused Punniraja @ Puran Singh was annoyed with him. Punniraja along with co-accused Gopal Yadav @ Kalloo came there. Punniraja was carrying a wooden stick. Both the accused persons asked him to accompany them to the shop of Darray (PW 4). When the complainant accompanied them to the shop of Darray (PW 4), Punniraja asked him to go to the place of Ramratan Pandit. When he refused to go with him, the accused Punniraja abused him by obscene words and on his caste name to humiliate and insult him. He said that he belong to "Chamar" caste and has become the Sarpanch of the village, therefore, is not speaking to the accused Punniraja. The accused inflicted injury by wooden stick. Complainant sustained injury on the head, blood oozed out. Then Balkishan came to save him, appellant- Gopal Yadav @ Kalloo caught the complainant Faddi (PW1) and accused Punniraja inflicted another injury by wooden stick on his shoulder. Co-accused Gopal Yadav @ Kalloo dragged him. At that time, another accused Bobby Raja also came to the spot. Both the accused Punniraja @ Pooran Singh and Gopal Yadav @ Kalloo assaulted him.

(3.) When the complainant Faddi (PW 1) shouted and was running towards the village, he fell down and sustained injury on the head and keens. The accused persons followed the complainant to the village. Dayaram (PW 3), Balkishan were witness to the incident. The complainant Faddi (PW 1) lodged a report Ex. P/1 at police station AJK, Panna, therefore, Crime No. 144/2001 was registered under Sections 341, 294, 323, 506 read with Section 34 of I.P.C and Section 3 (i) (x) of the "Act, 1989. During the investigation, spot map Ex. P/2 was prepared. Caste certificate Ex. P/11 issued by the office of Panchayat, (Ludhani) has been seized. The complainant was sent to medical treatment. After the investigation, charge sheet has been filed under Sections 341, 294, 323 and 506 (ii) of the I.P.C and Section 3 (i) (x) of the "Act, 1989."