KHILAN SINGH THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellant being aggrieved by the impugned judgment, finding and sentence dated 05. 08. 1999 passed by Special Judge, Scheduled Caste and scheduled Tribes (Prevention of Atrocities) Act, Sagar (M. P.) in special Case No. 99/99, whereby the appellant has been convicted under Section 294 of I. P. C. and Section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act but sentenced only under Section 3 (1) (x) of the scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989 to R. I. for 6 months with fine of Rs. 200/- in default of payment of fine further S. I. for 1 month.

(2.) THE prosecution case in short is that on 18. 01. 1999 one khemchand along with other persons submitted a report against appellant Khilan Singh, Deewan Singh, Balram Singh and Veeran singh to Superintendent of Police, Sagar to the effect that the accused persons are committing atrocities on them. They have forcibly dispossessed them from land, used filthy languages denoting their caste, threatened to kill and also to outrage the modesty of the women and to force them to leave the village. Their report was not written at concerned Police station instead the proceedings under Sections 107/116 of cr. P. C. were initiated against them. After inquiry the offence under Section 294, 506-B of I. P. C. and 3 (1) (x) of the SC/st (Prevention of Atrocities) Act was registered at police station ajk, Sagar. The spot map was prepared. The statements of the witnesses were recorded. After completing the investigation the charge sheet was filed in the Court of Special Judge, sagar.

(3.) TWO accused persons Veeran @ Veer Singh and Balram singh were discharged on 16. 02. 1999. The charges were framed against Diwan Singh and Khilan Singh under Sections 294, 506-B of I. P. C. and also under Section 3 (1) (x) of the sc/st (Prevention of Atrocities) Act. They abjured the guilt and claimed to be tried mainly contending that they are innocent and have been falsely implicated. Prosecution examined as many as 7 witnesses the accused persons did not examine any witness in their defence. After appreciating the evidence trial Court acquitted the co-accused Diwan Singh from all the charges and this appellant was also acquitted from the charge under Section 506-B of I. P. C. but convicted under Sections 294 of I. P. C. and 3 (1) (x) of the Scheduled castes/scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced only under Section 3 (1) (x) of the Act as stated hereinabove in para No. 1 of this judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred on the grounds mentioned in the memo of appeal.