MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant against the judgment dated 18.11.1995 passed by Special Judge, S.C./S.T. (Prevention of Atrocities) Act Pratapgarh Camp Chittorgarh (for short 'the Trial Court ' hereinafter) in Special Sessions Case No. 5/1995, whereby the Trial Court has convicted the appellant for the offences punishable under Sections 3(1)(5) and 3(1)(x) of Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989' hereinafter) and under Sec. 447 I.P.C. and Sentenced him as under:

(2.) Brief facts, necessary for disposal of this appeal, are that on 20.9.1994, complainant PW-1 Lakhma submitted a written report to the Station House Officer, Police Station, Akola, inter alia, stating therein that he purchased some parts of agricultural land of Araji No. 618 from Mangi Lal son of Nanda arid Hajari son of Megha on 13.4.1994 in the name of his son Babu Lal for a consideration of Rs.12,000.00 through registered documents. Later on, he sold the grass cultivated on the said agricultural land to PW-2 Vardi Shanker for a consideration of Rs.800.00. It is alleged that on 19.9.1994 when Vardi Shanker took his buffaloes to the said agricultural field for grazing the, then the appellant Mangi Lal son of Devji and one Deu Bai daughter of Devji came there armed with stick and Koonth and forcibly get the buffaloes of Vardi Shanker out from the said agricultural filed and Entered their cattle for grazing. It is alleged that when the complainant asked them not to do so, they abused him with casteist remarks and also appellant and Deu Bai do not want the possession of the complainant over the said land.

(3.) Upon receiving the aforesaid report, F.I.R. No. 157/1994 was registered at Police Station, Akola for the offences punishable under Sections 447 and 427 I.P.C. read with Sec. 3(5)(10) of the Act of 1989 and investigation was commenced. After completion of investigation, charge sheet was filed against the accused-appellant for the offences punishable under Sections 447 and 427 I.P.C. read with Sec. 3(5)(x) of the Act of 1989.