VIDYARAM Vs. STATE OF MP

JUDGEMENT

(1.) The appellants have preferred this appeal under section 374 (2) of the Criminal Procedure Code feeling aggrieved by the judgment of conviction and sentence dated 22/11/2003 passed by the Special Judge, Bhind, in Special Case No. 5/03, whereby the appellants-accused have been held guilty for the offences punishable under sections 3 (1) (x) and 3 (1) (iv) of the Scheduled Castes & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "SC-ST Act" for brevity) and each of them sentenced to suffer 6 months R.I. with a fine of Rs. 500/- on each count, in default of payment of fine further ordered to suffer imprisonment for two months. They are further held guilty for the offence punishable under section 294 of the Indian Penal Code and sentenced to one month's R.I.

(2.) Briefly stated facts of the case are that complainant Shiv Dayal, who belonged to the Scheduled Caste community has been allotted certain agricultural land by the competent authority bearing Survey Numbers 210,210/1 and 213 situated at Village Khokhipura, police Station Gormi, District Bhind, and thereafter possession has also been given by the Revenue Officer on 24.9.2002. Complainant Shiv Dayal and others went to the concerning agricultural field to plough the field, at that time, it is alleged that all the appellants-accused came there armed with lathis, started abusing the complainant, threatened them to be killed and also obstructed ploughing operation of the field concerned. The matter has been reported to the Police Station Gormi, District Bhind, on which basis, the Police had registered a case under sections 3 (1) (x) and 3(1) (iv) of the SC- ST Act and also under sections 447, 294 and 506 of IPC, recorded the statements, of the witnesses, arrested the accused persons and after due investigation, a charge sheet has been filed.

(3.) The appellants-accused persons abjured the guilt and their defence is of false implication.