BHAIRON MAHARAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have preferred this appeal challenging their conviction and order of sentence passed by Special judge, Sehore in Special Case No. 151/93, decided on 29. 6. 94.

(2.) APPELLANTS have been convicted under Section 3 (1) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as `act') and sentenced to rigorous imprisonment for six months with fine of Rs. 500/- each by the impugned judgment.

(3.) ACCORDING to prosecution, on 17. 7. 93 in the evening at village Gaukhedi, when complainant Dhansingh, a member of scheduled caste was sitting on the platform of hanuman Temple, alongwith Narayan Singh, appellants bhairon Maharaj, Narayan Singh and Ramsingh came there, began beating him, kicked him and fell him down from the platform saying that they would not permit the persons of chamar caste to sit on the temple or fill water from the hand pump. When complainant Dhansingh proceeded to lodge the report of the incident, appellants armed with lathi and weapons interrupted him and did not allow to go to the Police station. Appellants intimidated the complainant and said that if he reported the matter, he would be killed. A typed report of the incident was then sent to the Superintendent of police, Sehore by the complainant, whereupon after preliminary enquiry, an offence was registered against the appellants at Police Station, Javar and was investigated. After due investigation appellants were prosecuted under section 294, 341, 506 of IPC and Section 3 (1) (x) of the Act and were put to trial before the Special Court, Sehore.