HIMMAT SINGH 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 19.06.2003 passed by the Special Judge (Atrocities) Raisen in Special Case No.45/00 whereby the appellant has been found guilty under Sections 294, 506 of I.P.C. and 3(l)(x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to fine of Rs.200/- in default of payment of fine one month S.I. and fine of Rs.200/- in default of payment of fine one month S.I. and 6 months R.I with fine of Rs. 100/- in default of payment of fine S.I. for 15 days respectively.

(2.) The prosecution case in short is that Kadorilal Chamar a member of the Scheduled Castes lodged report at Police Station Dehgaon on 20.03.2000' at 11.00 AM to the effect that on that day at about 8.00 AM he was inviting the persons in the village on Holi Festival as soon as he came nearby to the house of Bhagwan Singh Sarpanch the appellant came there and started abusing him and said "madarchod tujhe kisne chowkidar banaya" he asked him not to abuse him denoting to the caste. The appellant tried to assault with shoe but he was caught by his brother Sher Singh, Bhagwan Singh Sarpanch, Kallu Baretha and Munna Singh have witnessed the incident. On this intimation the Crime No.30/2000 under Sections 294, 506 of I.P.C- and 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered against the appellant. Spot map was prepared. The statements of the witnesses were recorded. After completing the usual investigation charge sheet was filed in the court of CJM Raisen who committed the case to Sessions Court for trial.

(3.) Appellant was charged under Sections 294, 506-B of I.P.C. and under Section 3(l)(x) of Scheduled Castes and Scheduled Tribes Act, (Prevention of Atrocities) Act, 1989. He denied the guilt and claimed to be tried mainly contending that he is innocent and has been falsely implicated in this case. Prosecution examined as many as five witnesses and appellant also examined one witness in his defence. After appreciating the evidence trial Court found him guilty under Sections 294 and 506 of I.P.C. and also under Section 3(l)(x) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced thereto as stated in para No. 1 of the judgment. Being aggrieved by the judgment finding and sentenced passed by the trial Court the instant appeal has been preferred by the appellant on the grounds mentioned in the memo of appeal.