BHUPENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is preferred by the appellants-accused being aggrieved by the judgment dated 10-5-1999 delivered by the 2nd Additional Sessions judge, Dabra, District Gwalior in Sessions trial No, 47/1998, whereby the Sessions court has convicted the present appellants for commission of offence under Section 436 raad with Section 34, I, P, G, and sentenced to undergo five years' rigorous imprisonment with fine of Rs. 5. 000/- each, in default of payment of fine, they are directed to undergo further one year's rigorous Imprisonment. The appellants are also convicted by the impugned Judgment for commission of offence under Section 3 (2) (4) of Scheduled castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 and sentenced to undergo life Imprisonment with fine of Rs. 5. 000/- each, in default of payment of fine they are directed to undergo further one year r. I.

(2.) DURING the pendency of this appeal, appellant No. 2 Santo alias Satlsh died, hence his appeal stood abated.

(3.) AS per the prosecution case, in the intervening night of 4th and 5th March, 1998 complainant-Babulal Jatav was sleeping in his house with his family after taking food. He was awoken by his wife Leelavatl. Both of them came out and saw accused lakke Pandit and Satto Pandit ablazing their huts (Madaiya ). Bhupendra Pandit was standing on the ground. They asked them as to what they are doing; whereupon the accused threatened them and after abusing they ran away. Complainant-Babulal shouted, on which persons residing in nearby colony came to the spot. By that time three huts of the complainant were burnt.