LAXMAN & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellants against the judgment dated 07.07.1999, passed by Special Judge (Prevention of Atrocities), Narsinghpur in Special Case No.16/1999, whereby the appellants, namely Laxman, Ajmer @ Kallu & Viran have been convicted for the offenses punishable under Section 325/34 of I.P.C. and also under Section 3(1)(10) of SC & ST (Prevention of Atrocities) Act, 1989 (for brevity Act, 1989) and sentenced to undergo 1 year rigorous imprisonment with fine of Rs.1000/- each, in default of payment of fine, further rigorous imprisonment for 3 months, each and 6 months rigorous imprisonment with fine of Rs.500/- each, in default of payment of fine further rigorous imprisonment for 3 months each.

(2.) The prosecution story in brief is that, Munnalal (PW-1) is 'Chamar' by caste which falls under the Schedule Caste category. The appellants neither belong to Schedule Caste nor Schedule Tribe. On 18.09.1996, complainant- Munnalal (PW-1) was returning after taking bath from 'Narmada' river to his house, on the way the accused persons surrounded him at the instance of the accused-Khuman who has been acquitted by the trial Court. The accused persons inflicted injuries by 'lathi' (wooden stick) and fists. The complainant-Munnalal (PW-1) sustained injuries on his head, left calf and the palm of the hand and on the back. He also had fracture on the little finger of the left hand. He became unconscious. He was found in the field by Savitri Bai (Pw-2) & Halki Bai (PW-6) on 19.06.1996. He was taken to the Police Station Gotegoan, District Narsinghpur and after lodging report (Exhibit-P/1) he was sent for medical examination. After accused persons were arrested, wooden sticks were seized from them in presence of witnesses. After completion of investigation charge-sheet has been filed.

(3.) The learned trial Court framed charges under Section 325/34, 294 & 506 of I.P.C. and also under Section 3(1)(10) of the Act, 1989. the accused persons abjured guilty. Accused No.1- Khuman pleaded that he was on duty at Bikrampur Railway Station, Narsinghpur on 18.09.1996 from 9 AM till 5 PM. The accused/appellant No.3-Viran claimed that he was at his shop at the time of incident and pleaded that he is innocent. The learned trial Court in the impugned judgment dated 07.07.1999, after analyzing the evidence on the basis of the certificate (Annexure-D-4), held the presence of accused No.1-Khuman at Railway Station which has not be contradicted by the prosecution, and acquitted him and sentenced other accused persons/appellant as mentioned above, for the offences under Section 325/34 of I.P.C. & 3(1)(10) of the Act, 1989.