BALU SINGH Vs. STATE

JUDGEMENT

(1.) In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) This criminal appeal under Sec. 374(2) Cr.P.C. has been preferred against the judgment dtd. 20/8/1993 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pratapgarh in Special Sessions Case No.87/92, whereby the accused-appellants were convicted for the offence under Sec. 3(1)(10) of SC/ST (Prevention of Atrocities) Act and were sentenced to undergo six months rigorous imprisonment, alongwith a fine of Rs.100.00 each, in default of payment of fine to undergo further one month's simple imprisonment; for the offence under Sec. 323 IPC, were sentenced to undergo three months simple imprisonment.

(3.) Learned counsel for the accused-appellants submits that complainant-Pratap filed a written report before the Police Station, Doongla, District Chittorgarh, alleging therein that on 18/3/1992 at about 9:00 p.m., on the occasion of Holi Festival, while the complainant went to join the gathering for participating in the customary Gair (used to be played on the day of Holi festival), the accused persons, started abusing him with caste based abuses etc.; not only this, the accused persons also started beating the complainant, and when the complainant's wife (Geeta Devi) and brother (Ekling) came to his rescue, the accused persons hurled caste based abuses against them as well.