NIHAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) It is the contention of the counsel for the appellant that as per the prosecution story, incident had taken place in the intervening night on 25.04.2008 and 26.04.2008 when as per version recorded in the FIR, two persons; namely, the present appellant and his brother deceased Gajendra Singh had entered into their house at night and had abused the complainant and his family members that they belong to Scheduled Caste community and had beaten them with sword and stick causing severe injuries. FIR (Ex.P/4) was recorded registering Crime No. 324/2008 by the Police Station Kotwali, District Vidisha under the provisions of Sections 452, 294, 323, 324 and 34 of IPC and section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter shall be referred to as Atrocities Act).

(2.) During the trial, one of the accused Gajendra Singh died, therefore, order of conviction has been recorded only against the present appellant under the provisions of Section 324 of IPC, wherein he has been sentenced with one year's R.I. and under Section 458 of IPC, wherein he has been sentenced for five years' R.I. and fine of Rs. 3000/-. In default of fine further R.I. of one month. It is submitted that he was acquitted under the provisions of Section 323, 294 of IPC as well as 3(1)(x) of Atrocities Act.

(3.) Learned counsel for the appellant submits that this a case of false implication with glaring contradictions in the testimony of the witnesses and appellant has been falsely accused of house-breaking and of causing injuries to the complainant party. It is pointed out that as per the FIR (Ex.P/4), which was recorded by Udham Singh (P.W.4), at night he had heard voice of somebody calling his son and when he had opened the doors then the present appellant alongwith his brother Gajendra had entered into his house. Appellant was holding a sword and Gajendra Singh was wielding a Danda. They abused them with castiest remarks and hurled other abuses and thereafter, Nihal Singh had caused injury with a sword, whereas Gajendra Singh had hit him with a stick on the left knee and head, whereas his wife had sustained injuries in the fingers of left hand and left cheek. It is mentioned that this attack was caused due to old enmity.