KAVINDRA NATH THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been preferred being aggrieved by the judgment, finding and sentence dated 08. 08. 1994 passed by special Judge, Balaghat in Special Case No. 31/1992, whereby the appellant has been convicted under Section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989 and sentenced to R. I. for 6 months with fine of Rs. 200/-, in default of payment of fine S. I. for 1? months.

(2.) PROSECUTION case in short is that on 28. 02. 1992 at about 5:30 p. m. complainant Bharatlal Mahar, Peon in the office of Block development Officer, Khairlanji brought government dak to the house of Kavindra Nath Thakur, Sarpanch of Gram Panchayat, kinhi for delivery. He read the letter and thereafter hurled abuses to B. D. O. and the complainant himself. Thereafter he also assaulted the complainant with fist and kick blows and gave him shoe beating. Thus he intentionally insulted and threatened to the member of Scheduled Caste. Written report was submitted at outpost Khairlanji where the Crime No. 0/92 under sections 353, 294, 506, 332 of I. P. C. was registered on 18. 03. 1992 at 9:00 p. m. On the basis of it Crime No. 97/92 was registered at Police Station Ram Payali. Map was prepared. Letter was seized. The statements of the witnesses were recorded. After completing the investigation the charge sheet was filed in the Court of Special Judge, Balaghat who committed the case to the Sessions Court for trial.

(3.) APPELLANT was charged under Section 3 (1) (x) of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Appellant abjured the guilt and claimed to be tried. Prosecution examined as many as 7 witnesses whereas the appellant did not examine any witness in defence. After appreciating the evidence, trial Court found him guilty under Section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act and sentenced thereto as stated hereinabove in para no. 1 of the judgment. Being aggrieved by the judgment, finding and sentence the instant appeal has been preferred on the grounds mentioned in the memo of appeal.