KOK SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 25-8-2015 passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], Bhind, in Special Sessions Trial No. 51/2010 by which the appellants have been convicted and sentenced for the following offences :

(2.) The necessary facts for the disposal of the present appeal in short are that on 26-11-2009, at about 6 P.M., the complainant Roopram along with his son Lal Singh was coming on his cycle from Bhind to his village Muratpura. The moment he reached near Lavan Bumba, he saw that the appellants and Ranveer were coming on motor cycle. After noticing the complainant and his son, they started abusing them and scolded that he has encroached upon the land and thereafter gave a lathi blow which landed on the finger of his left hand. When his son Lal Singh tried to intervene in the matter, then Ranveer and appellant Badan Singh, threw him on the ground and Ranveer gave a teeth bite on his back. Betal Singh and Rambabu intervened in the matter. Accordingly, the F.I.R. was lodged. They were sent for medical examination and accordingly crime No. 111/09 for offence under Sections 323,324,504/34 of I.P.C. and under Section 3(1)(x) of Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act (in short "Act") was registered. The caste certificate of the victims were seized and after completing the investigation, the police filed the charge sheet for offence under Sections 323, 324, 294/34 of I.P.C. and under Section 3(1)(x) of Act.

(3.) The Trial Court by order dated 15-6-2011 framed charges under Sections 294, 323, 324/34 of I.P.C. and under Section 3(1)(x) of Act.