NATHURAJU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant against the judgment dated 17.10.1998, passed by Special Judge (Prevention of Atrocities), Tikamgarh in Special Case No.262/1997, whereby the appellant has been convicted for the offences punishable under Section 3 (1) (5) of SC & ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo 1 year rigorous imprisonment with fine of Rs.1,500/- and in default of fine additional rigorous imprisonment for 3 months.

(2.) According, to the prosecution on 06.08.1997, appellant, namely, Nathuraju abused the complainant by using her caste name intentionally and insulted her. The appellant/accused damaged the crops of the complainant by removing the boundaries ('Bari') using his cattles and also threatened the complainant's life. Therefore, the complainant lodged a report. After investigation charge-sheet has been filed for the offenses punishable under Section 294 & 506-B of I.P.C. and also under Section 3(1)(10) & 3(1)(5) of SC & ST (Prevention of Atrocities) Act, 1989.

(3.) The learned special Court has acquitted all the accused persons for the offenses under Section 394 & 506-B of I.P.C. and for offences under Section 3(1)(10) of SC & ST (Prevention of Atrocities) Act, 1989. However, the learned special Court held the appellant-Nathuraju guilty for the offence under Section 3(1)(5) of SC & ST (Prevention of Atrocities) Act, 1989.