BHAGWAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed by the appellants against the judgment of conviction and sentence dated 21. 1. 2000 passed by the Special Judge (Scheduled Castes and Scheduled Tribes), guna (M. P.) in Special Case No. 42/96, by which the appellants have been convicted and sentenced as under:

(2.) IN brief, the case of the prosecution is that report was lodgod by the complainant jujla (PW1) on 23. 4. 96 at about 10:15 at police station Chanderi that a day before occurrence, appellant Bhagwan Singh had come and told the complainant to work at his thresher. Complainant had refused to work at thresher. Thereafter on the date of incident, i. e. on 22. 4. 96 at village Bhatija appellants came to his house and abused him and also threatened to kill him in case he did not work at thresher and caused damage to the bricks of the roof of the house of the complainant. Appellant Bhagwan Singh has also beaten him causing injury to his hand. The complainant was sent to the hospital for medical examination. After completion of the investigation, charge-sheet was filed before the Special Court and the trial Court convicted and sentenced the appellants accordingly as stated above.

(3.) ON 30. 1. 2007 arguments heard finally and on 17. 1. 2007, a reference was made by this Court and the matter was referred to the larger Bench to clarify the following points: