SAMBHOO PRASAD SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have preferred this appeal challenging their conviction and order of sentence passed by Special Judge, Mandla in Special Case No. 36/01, decided on 9. 3. 02.

(2.) APPELLANTS have been convicted under Section 448 and 323 of IPC, on two counts for causing hurt to Rukmani choudhary and Parimal Bishvas, and each of them sentenced to pay a fine of Rs. 600/-, in default simple imprisonment for two months, for the offence under Section 448 of IPC and a fine of rs. 800/- on each count under Section 323 of IPC, in default simple imprisonment for three months, by the impugned judgment.

(3.) ACCORDING to prosecution, on 13. 10. 2000 about 5:00 P. M. at village Linga Poundi, when complainant Rukmani choudhary, a member of Scheduled Caste was alone in her rented house, her husband having gone for outing, appellants Sambhu and Chhigga, the landlords entered into her room, began uttering obscene abuses and asked her to vacate the house. Appellants also abused her by caste and pushed her, as a result of which she sustained injury in her back. By that time, the husband of Rukmani choudhary also came there, then appellants caused hurt to her husband, Parimal Bishvas as well. Appellants also threatened him that if he did not vacate the house, they would kill them. The FIR of the incident was lodged by complainant Rukmani Choudhary at police Station Harijan Kalyan Kendra, Mandla on the basis of which an offence was registered against the appellants and was investigated. After due investigation, appellants were prosecuted under Section 294, 506, 448, 323/34 of IPC and Section 3 (1) (x) of schedule Caste and Scheduled Tribe (Prevention of Atorcity) Act 1989 (hereinafter referred to as 'act' ). After commitment of the case, appellants were put to trial before the Special Court, Mandla.