UDAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellants Udai Singh and Rod Singh have assailed the validity of the impugned judgment of conviction and order of sentence dated 28.3.1992, passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Udaipur, in Sessions Case No. 32/1991, titled as State of Rajasthan vs. Udai Singh & three Ors., whereby the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter referred as 'the learned trial court') convicted the accused appellants Udai Singh and Rod Singh for offence punishable under Section 3(i)(v) & (x) of the SC/ST (Prevention of Atrocities Act, 1989 (hereinafter referred to as 'the Act of 1989') and sentenced them for six months imprisonment alongwith fine of Rs. 200/- each. It was ordered that in the event of default in payment of fine accused appellants will further undergo 15 days' simple imprisonment. The benefit of Section 428 Cr.P.C. was also extended to the accused appellants. Dissatisfied with the impugned judgment of conviction and order of sentence, accused appellants Udai Singh and Rod Singh have preferred this appeal, which was admitted by this Court for hearing on 17.4.1992, notice was issued to respondent and trial court record was called for.

(2.) From the perusal of the trial Court record, it reveals that complainant Mana P.W. 3 submitted a written report addressing to Collector Udaipur on 16.7.1992 stating therein that agricultural land bearing Khasra No. 5077/4658 situated at Village Nayagunda, Tehsil Gogunda, Distt. Udaipur is recorded in his name and his brother Logar and the fencing of the agricultural land has been damaged by Udai Singh and Rod Singh Rajput and forcefully constructed 'Rodi' (cattle dunk) over the agricultural land and threatened for beating and killing. Therefore, he submitted that he wants to have demarcation of land by Patwari. He has reasonable apprehension against Udai Singh and Rod Singh. Lastly, he prayed that his land be measured and demarcated.

(3.) The above report Ex. P.2 was forwarded to Tehsildar Gogunda for necessary action by Collector Udaipur.