RAJPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has challenged his conviction and order of sentence passed by Special Judge, Chhatarpur in Special Case no. 46/92, decided on 10. 8. 94.

(2.) APPELLANT has been convicted under Section 3 (1) (x)of Scheduled Caste and Scheduled Tribe (Prevention of atrocities) Act, 1989 (hereinafter to be referred to as `act') and sentenced to rigorous imprisonment for six months by the impugned judgment.

(3.) ACCORDING to prosecution, on 2. 2. 92 about 5 `o'clock in the evening at village Gudara, when complainant Bhagirath, a member of Scheduled Caste, was returning from the market on his bicycle, appellant intercepted and abused him near the field of Govind Dheemar and asked him to get down from the cycle saying " lkys pekj mrj tk gekjs lkeus lkbfdy ls pyrk gs A". When complainant Bhagirath told him that he had to reach home early due to some work, appellant again abused him and tried to beat him by shoes and gave beating by slaps and fists causing injury on his right ear. Complainant Bhagirath went home weeping and narrated the whole incident to his father. Next day he went to the Police Station alongwith his father and lodged the FIR. On the basis of his report, an offence was registered against the appellant and was investigated. Injured complainant was sent for medical examination. After due investigation, appellant was prosecuted under Section 323, 294 of IPC and Section 3 (1) (x) of the Act and was put to trial.