ASHOK Vs. STATE MP

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order dated 4/11/2009 passed in Special Case No. 6/99 by the Special Judge, Jhabua whereby convicted the appellant under Section 354 of the IPC read with Section 3 (i) (xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced him to undergo two years RI and under Section 302 of the IPC, sentenced for imprisonment of life with fine of Rs. 10,000.00 indefault of payment of fine 3 years rigorous imprisonment.

(2.) According to the prosecution case on 7/2/1993 in the noon at 2.00 p.m., prosecutrix (PW-1), Mangudi Bai reached at the house of the appellant along with four years old son Shankar and demanded loan amount of Rs. 5,100/- as well as her silver kardhani from the father of the appellant. Mangudi Bai (PW-1) advanced the loan, after withdrawing the cash amount from the bank, @ 3% interest per month. It is said that the appellant and other co-accused cheated Mangudi Bai and when she demanded her money, the appellant threw her son on the ground and also beat her. It is also alleged that the appellant molested the modesty of Mangudi Bai. Mangudi Bai lodged the written report Exhibit P-1 in the Sarangi Out-post of Police Station Etalwar Dist-Jhabua in the evening at 5:00 p.m. On the basis of the written report, a report was recorded in daily diary at Serial No. 244 on 7/2/1993. Son of the complainant, Shankar was sent for medical examination to Small Primary Health Centre, Sarangi and the doctor after examination immediately referred him to Primary Health Centre, Petlawad who on examination declared him dead. Mangudi Bai again gave intimation to the police of police station, Petlawad about the death of Shankar on the basis of which merg, intimation report Exhibit P-17/C was recorded and police stepped into investigation. Dead body of the deceased was sent for autopsy and the same was performed by Dr. Pushpendra Sharma (PW-13) who also issued post-mortem report Exhibit P-7, Rakesh Kumar Nain (PW-14), the Investigating Officer, prepared the inquest report and recorded the statement of prosecution witnesses acquainted with the facts. On completion of investigation, chargesheet was filed against the four accused under Section 420,354 & 302 of the IPC and under Section 3 (ii) (v) as well as under Section 3 (i) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Accused abjured their guilt and submitted that Mangudi Bai (PW-1) ook up quarrel with the appellant Ashok and caused injury by tooth bite at his abdomen. Ashok lodged report Exhibit D-2C in the police station and police got him medicallay examined by Dr. V.N. Dubey (Dw-1) who issued MLC report Exhibit D-5. Accused examined two defence witnesses whereas prosecution has examined in all fourteen witnesses and adduced 17 documents in evidence to prove its case. Learned Trial Court while acquitting other three accused, convicted and sentenced the appllant as mentioned herein above.