GAJENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by 2nd Additional Sessions Judge, Dabra district Gwalior in Special Case No. 15/95 dated 24.12.1998. The appellant has been convicted under section 3 (1) (x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo R.I. for six months and fine of Rs. 500/ - with default stipulation. He has also been convicted under section 323 IPC and sentenced to undergo RI for 3 months. Both the sentences shall run concurrently.

(2.) AS per the prosecution story on 31.8.1995 at about 8:00 in the night at village Badera Bujurg there was some fair of Baba, complainant Bhagwantibai (PW 1) was going along with a steel pot and when she was returning to her house on the way the appellant met complainant and abused her in filthy language "Chamariya". He gave blow by kick to her resulting in which she fell down. When her son Kubersingh also came to rescue he was also beaten by the appellant. Then Netram and Hardyal also came to intervene in the matter. Lachhobai (PW 2) and Sajjobai (PW 3) saw the incident who were also present on the spot. Since there was night the report could not be lodged on the same day, the report was lodged on the next day i.e. on 1.9.1995 at the concerned police station. After completing investigation, the charge sheet was filed and charges under section 323 IPC and section 3(1) (x) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 framed against the appellant. The trial Court after conclusion of trial, convicted and sentenced the appellant as stated above.

(3.) COUNSEL for respondent State submitted that from the testimony of the complainant (PW 1) the offence is proved against the appellant and trial Court has rightly convicted the appellant.