MOHAN Vs. SURESHCHANDRA

JUDGEMENT

(1.) This criminal appeal under Sec. 14A(1) of the SC/ST (POA) Act, 1989 is preferred being aggrieved by the judgment dtd. 16/8/2019 in Special Case No.03/2017 by Special Judge SC/ST (POA) Act, 1989, Neemuch, whereby the respondents have been acquitted from the charges under Ss. 294, 323/34 and 506-II of the IPC and under Sec. 3(1)(x) of SC/ST (POA) Act, 1989 instituted on a complaint filed by Mohanlal (PW-1) in the Court of JMFC, Neemuch on 18/8/2011 regarding the incident dtd. 5/7/2011 at 10:00 AM behind the petrol pump, Neemuch.

(2.) The prosecution story, in a nutshell, is that Mohanlal (PW-1), belonging to a Scheduled Caste community as per the certificate (Ex.P-2), had been working as a driver with Manoj Dhakad (PW-3) for the past 10 years. He lodged a complaint against the respondents, who do not belong to the SC/ST community, alleging that on 5/7/2011 at about 10:00 AM, when he parked his tractor behind a JCB machine, the respondents reached the place of incident, i.e., behind the petrol pump at Neemuch, and used abusive language, including caste-based remarks. They voluntarily caused injuries to him by assaulting him with fists and kicks and also extended threats to his life.

(3.) The respondents abjured their guilt and claimed trial. The prosecution examined Mohanlal (PW-1), Jodhraj (PW-2), Manoj Dhakad (PW-3), and Kailash Chouhan (PW-4).