LAKHANLAL & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of the Cr.P.C has been preferred by the appellants challenging the judgment dated 9th November, 1998 passed by Sessions Judge and Special Judge under SC ST (POA) Act, 1989 (for brevity Act, 1989) in Special Case No. 79/96 whereby the appellants have been convicted for offence under Section 3 (1) (10) of SC ST (POA) Act and sentenced to six months R.I and for offence under Section 323 sentenced to fine of Rs. 200/- only.

(2.) Prosecution story in brief is that, the complainant Ramsiya (PW 2) was the Assistant Teacher at Primary Government School, Badrakha. At about 5:00 p.m when he was sitting outside the school along with Kamta Prasad (PW-3), appellant Lakhan Lal and his brother appellant Jagdish came there and abused him by obscene words, uttering his caste name. When Ramsiya stopped them, accused/appellants slapped him. When Kamta Prasad intervened, accused/appellants threatened the complainant of his life. On his report (Ex. P/2) lodged at police station Parwalia. After completion of investigation, charge sheet has been filed.

(3.) Learned Special Court (under the Act, 1989) framed charges for offence under Section 3 (1) (10) of Act, 1989 and under Sections, 294, 323, 506 (part 2) of I.P.C. The accused abjured guilt and pleaded innocence. It is not disputed that the complainant is the Assistant Teacher in the school.