HAR PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Special Judge, raisen in Special Case No. 354/96, decided on 30. 3. 98.

(2.) APPELLANT has been convicted under Section 3 (1) (x)of Scheduled Caste and Scheduled Tribe (Prevention of atrocities) Act, 1989 (hereinafter referred to as `act') and section 323 of IPC and sentenced to simple imprisonment for six months with fine of Rs. 200/- and sentence of fine of rs. 200/- only for the respective offences, by the impugned judgment.

(3.) ACCORDING to prosecution, on 28. 12. 95 about 7 'o'clock in the morning, when complainant Asharam, a member of Scheduled Caste, was returning home, he found some barbs wire lying on the road which he tried to remove, appellant came there and began abusing him alleging that people take out their tractors and break his fencing. When complainant Asharam asked the appellant not to abuse him, appellant said " pejs pqi jg] Bkdqjksa dh rjg Ckm+h cm+h ewwansa j[krk gs". Thereupon complainant called one Vijay and told him that appellant was abusing him. Appellant then gave him danda blow causing injuries in his neck and cheek, intimated and assaulted him saying that he was Chamar. The FIR of the incident was lodged next day by complainant Asharam at Police station, Gairatganj, District Raisen, on the basis of which 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 3 (1) (x) of the Act and Section 323, 294, 506-B of ipc and was put to trial before Special Judge, Raisen.