SHANKARDEEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed assailing the impugned judgment dated 27.2.2006 passed by the Special Judge, S.C. and S.T. (Prevention of Atrocities) Act, Rewa in Special Case No. 25/2003, whereby the appellants have been convicted under sections 148 and 302/149 of the I.P.C. and sentenced each of them to undergo R.I. for one year along with fine of Rs. 1500.00 and for imprisonment of life along with fine of Rs. 1,000.00 in respective offences. The appellants are further convicted under section 3(2)(v) of the S.C. and S.T. (Prevention of Atrocities) Act, 1989, and sentenced each of them to undergo imprisonment for life along with fine of Rs. 1,000.00, with default stipulation.

(2.) Appellant Ashok is dead during the pendency of this appeal and his appeal has already abated vide order dated 20.1.2015.

(3.) The undisputed facts of the case are that appellant No. 1 is husband of appellant No. 6 Sushila while father of appellants No. 2, 3 and 4, Ashok, Vinod and Sunil, while appellant No. 5 Laxmikant is nephew of Shankardeen. Further, deceased Ramwati was mother of complainant Shailesh, P.W. 2 and Sudhir, P.W. 12, while Anil, P.W. 1, is elder brother and P.W. 4, Gulzar, is father of complainant, P.W. 5, Shrilal, is tenant, while Dinesh, P.W. 10 is cousin of the complainant. The appellants and complainant were neighbours. A wall was constructed by the appellants in front of the house of the complainant due to which door of the complainant was closed and constructed wall was dismantled by the deceased and her family members.