DAULAT KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment of conviction and order of sentence dated 29-04-2006 passed by learned Special Judge (Atrocities Act), Datia whereby appellant No.1 -Daulat Khan has been convicted for the offence under Sections 457 of IPC and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Atrocities Act') read with Section 354 of IPC and sentenced to 2 years' RI with fine of Rs.1,000/- and 2 years' RI with fine of Rs.2,000/- with default stipulation and appellant No.2 -Rinchoo alias Shyam Lal has been convicted for the offence under Sections 341 and 354/34 of IPC and sentenced to fine of Rs.500/- and 1 year's RI with fine of Rs.1,000/- with default stipulation.

(2.) As per the case of prosecution, both the accused were living ten days prior to the incident with the brother of Mansharam, namely Man Singh. On the date of incident i.e. 10-09-2005, around 8:00 pm husband of the prosecutrix, Mansharam after taking dinner went to participate in hymn night

(3.) Case was registered on 11-09-2005 in the morning vide Ex-P/3 against the appellants. After due investigation, charge-sheet was filed before the concerned Magistrate, who committed the case to the Special Judge, Datia.