MANGAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed by the appellants/accused under Section 374 (2) of the Code of Criminal Procedure, being aggrieved by the judgment dated 12. 8. 97 passed by Special Judge Raisen in Special Case No. 43/96 convicting to each of them for the offence under Section 3 (l) (x) of the SC/st (Prevention of Atrocities) Act, 1989 (for short the Act') with punishment of 6 months SI and fine of Rs. 200/-, in default of it, further two months S. L

(2.) THE facts giving rise to this Appeal are that on dated 14. 8. 92 at about 110' clock in the morning, complainant Lachhu and his brother Bhawarlal, were washing clothes on the public Well. At the same time, accused Kaluram and Gudda, whose animals were grazing nearby, came there and abused him saying "chamra" why he is washing the clothes on the Well and also instigated the animals to run-over their clothes. Subsequent to it, at about 12 0' Clock in the noon, when complainant went to hear the Bhagwat Katha at the residence of Bhanwarji Karigar then accused Mangal Singh, Gudda, Nandram and Kaluram lashed with Katama and sticks came there and said the complainant now ' Chamra Sale' you have came to hear the Bhagwatji. In response of it, the complainant asked him that he is also listening the same along with others, on which, Mangal Singh reacted with abuse and caused a blow of stick on his chest. The second blow of stick was caught hold by Jairam Patel. Thereafter, accused Gudda gave a blow of Katarna (a sharp edged weapon ). The same was resisted by Jairam Patel on his stick. At the same time, accused' Bhogchand, Khuman, Lakhan and Babbu along "with others also came their and asked to kill the complainant but he was saved by Goverdhan, jairam and Deviram etc. on which, he ran away and took shelter in the house of premnarayan by bolting the doors from inside. Inspite that the accused persons were abusing him continuously. Later, he mentioned the incident to to ullage sarpanch Bhawarlal Sidhar and thereafter lodged the report (Ex. h i ). with police raisen on 20. 8. 92, on which, the appellants along with accused Bhogchand and nandram were arrested and after investigation, they were charge-sheeted for the offence under Section 294,506 read with Section 34 of the IPC and Section 3 (1 ) (x)of the Act.

(3.) CONSIDERING the papers of charge-sheet, the charges of Sections 506-B of ipc and Section 3 (l) (x) of the Act were framed against all the accused. They abjured the same, on which, the trial was held. On appreciation of the evidence, the trial court while acquitting accused Bhogchand and Nandram from all the charges and the appellants from the charge of Section 506-B -held them guilty for the offence under Section 3 (1) (x) of the Act with the above-mentioned punishment. The same is under challenged in this appeal.