MAHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As none has appeared on behalf of the appellant, Prem Narayan Verma, Advocate is appointed as amicus curiae to assist this Court.

(2.) This appeal has been filed by the present appellant under Sec. 374(2) of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and order of sentence dtd. 23/11/2016 passed by the Special Judge (SC/ST), Jabalpur (M.P.) in Special Session Trial No.95 of 2009 whereby the present appellant has been convicted under Sec. 323/34 of the Indian Penal Code and sentenced to undergo four months RI and fine of Rs.700.00 with default stipulation.

(3.) The prosecution story in brief is that on 9/3/2009 at about 04:45 AM complainant Ramprasad @ Rampratap Dahiya, lodged a report at Police Station Bargi stating that while he was taking meals in Gudda's Dhaba situated at Malegaon, three to four boys came there and demanded 15 eggs. Upon his informing them that the shop was closed and that Gudda had taken the remaining articles to his house, they became aggressive, abused him in filthy language and assaulted him by means of a stick, causing injuries below his left leg and on his right wrist. It is further alleged that the accused persons also vandalized the Dhaba and caused damage to the articles lying therein. On hearing the commotion, several persons from the locality gathered at the spot and chased the accused, whereafter all the accused fled the spot. During the course of being chased, Dilip Yadav sustained injuries due to a fall. Brigadier Yadav was identified among the persons who fled from the spot. It is also alleged that Dasoda Bai sustained an injury after being hit by a stone thrown from a distance. An FIR (Ex. P-4) was registered against the accused persons at Police Station Bargi for the offences punishable under Ss. 294, 323, 427, 336, 506-B and 188 of the Indian Penal Code and Sec. 3(1) (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.