RAM CHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is preferred against the judgment of conviction and sentence dated 31.7.2003 passed by the Special Judge, Bhind in Special Sessions Case No. 21/03 by which appellants have been convicted under section 3 (1) (x) of the SC & ST (Prevention of Atrocities) Act, 1989 (for brevity "Act") and sentenced to undergo six months imprisonment.

(2.) AS per prosecution case, on 27.10.2002 complainant was sitting in his house. His calf went near the house of appellant Ramchandra. Appellants then abused complainant's son and assaulted complainant's son and when complainant Shriram and his wife tried to intervene, appellants then started beating them also. PW 4 Subhash Tomar and Rajjan intervened. Complaint was filed by complainant Shriram at Police Station City Kotwali district Bhind. FIR (Ex P-3) was lodged. After investigation charge-sheet was filed in the Court of JMFC Bhind, from where the case was committed to the Special Court, Bhind.

(3.) THE contention of the learned counsel for the appellants is that there is no consistent evidence on record against the appellants regarding intentional insult or intimidation with intent to humiliate complainant party. Complainant has not stated anything about uttering any words with respect to caste of complainant in his report Ex. P-2. First time he has stated in his statement recorded under section 161 CrPC that appellants called him Dhanukawale, therefore offence under section 3(1) (x) of Act is not made out and the trial Court has erred in convicting the appellants for committing offence punishable under section 3(1) (x) of the Act.