NATHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGE is to the judgment dated 27-09-1993 passed by Special Judge, panna in Special Cri. Case No. 60/91 whereby the appellants have been convicted under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the Act") and sentenced to undergo 1 year rigorous imprisonment and fine of Rs. 500/- in default 3 months simple imprisonment to each.

(2.) THE case of the prosecution, in a nut shell, is that on 9-5-1991 buwaram, Prem Bai, Badi alias Suratiya were coming to their village from ajaygarh market, at about 6 p. m. they reached near Jetpur School. All the accused persons including the appellants intercepted them and they asked complainant to make compromise in the previous criminal case. Buwaram declined to compromise. The appellants and accused Bhola caused injuries on the person of buwaram, Prembai, Kallu, Jhallu, Suratiya, Shyam Bai and Gunuwa by lathis. Nathua Kumhar, Sanehi Kumhar and other persons intervened. FIR was lodged on 11-5-1991. Case was registered under Sections 147,148, 341, 294, 506 and 323 of IPC and 3 (v), (x), (xiv), (xv) of the Act. After investigation the accused persons were charge-sheeted and the case was committed to the Court of Sessions.

(3.) LEARNED Trial Court framed charges under Sections 11-7,323 read with Section 149 and 342 of IPC and under Section 3 (1) (x) of the Act. The appellants and accused Bhola abjured the guilt, they pleaded innocence and false implications.