JAGANNATH Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal has been preferred under Section 374 (2) of Cr. PC being aggrieved by the judgment, finding and sentence dated 22-9-1993 passed by Special (Sessions) Judge (SC/st), Narsinghpur, in Special Criminal Case No. 18/93 whereby the appellant has been convicted under Section 427 of IPC and section 3 (1) (v) of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989 and sentenced thereunder for 1 year and 4 years R. I. with fine of Rs. 200/-, in default, further RI for 2 months respectively with the direction to run sentences concurrently.

(2.) THE prosecution case, in brief, is that Ravi alias Ravishankar, a member of Scheduled Caste, resident of Village Nayagaon, submitted a report to Harijan Cell, Narsinghpur, wherein it was mentioned that he had sown Jwar and Arhar crops in his field. The accused persons caused the cattle to enter upon his field and damaged his crops. When he prevented them, they used filthy language and ran towards him to assault him by weapons like Farsa, Gadasia and axe and intimidated him. He submitted the written report. Enquiry was made, map was prepared and statements of witnesses were recorded. The report was sent to P. S. Themi wherein Crime No. 193/92 under Sections 294,427,506-B/34 of IPC and Section 3 (1) (v) of SC and ST Act was registered. After completing investigation, charge-sheet was filed in the Court of CJM, Narsinghpur wherein criminal Case No. 165/93 was registered which was committed to the Court of sessions on 11-2-1993.

(3.) THE accused persons were charged under Sections 427,294,506-B (II) of IPC. Section 3 (1) (v) and 3 (1) (x) of SC and ST Act, alleging that on 30-9-92 at Village Murachh, they caused to enter the cattle in the field of complainant Ravi alias Ravishankar, a member of Scheduled Caste and caused damage to his crops amounting to Rs. 50/- or upwards, interfered with the enjoyment of his rights over his land, used filthy language, extended threats and intentionally insulted or intimidated with intend to humiliate him in a place within public view.