BANSHI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellants against the judgment dtd. 20/12/1995 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act Cases), Pratapgarh, in Special Session Case No.24/1993 by which the learned Judge convicted and sentenced the appellants as under:-

(2.) Brief facts of the case are that on 1/5/1990 complainant Khyalilal gave a report before the concerned Police Station to the effect that on 1/5/1990 at about 6.00 P.M. a marriage procession (Barat) was proceeding towards to Semlia. In the midway some villagers approached and used abusive language against the members of procession and also assaulted the procession members by throwing stones at them. Based on this report, Police registered a case against the accused-appellants and some other persons and started investigation.

(3.) On completion of investigation, police filed challan against the accused- appellants and some other persons. Thereafter, the charges for offence under Ss. 147 and 323 IPC and Sec. 3(1)(xiv) of SC/ST Act, were framed by the Trial Court against the accused-appellants, who pleaded not guilty and claimed trial.