RAM KISHAN S/O. MANGILAL AGED 44 YEARS BY CASTE GUJAR R/O. BAD GAON, P.S. KUNHADI, DISTT. KOTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appeal has arisen out of judgment dated 30.01.1995 passed by Special Judge SC/ST (Prevention of Atrocities) Act cases, Kota in Sessions case No.106/1993, whereby appellant has been convicted for offence punishable under Sec. 3(1)(X) of Scheduled Caste & Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act of 1989) and sentenced to undergo six months simple imprisonment and fine of Rs.500.00; in default of payment thereof, to further undergo one month simple imprisonment. Appellant has also convicted for offence u/s 352 Penal Code and sentenced to undergo on month simple imprisonment.

(2.) In brief, the facts are that on 26.11.1992 at 12.30 a.m., complainant Ram Kishan submitted a written report (Ex.P3) before police stating inter alia that he belongs to Megwal (Scheduled Caste) community. On 25.11.1992 at about 11.30 p.m. when he was taking tea on the shop of Abdul Gani, appellant Ram Kishan came there riding on Luna vehicle and asked him in abusive language to remove his vehicle. When complainant was moving his vehicle, he told him Chamaria and rushed to beat him. When he tried to flee away, he restrained him and beat with fists & kicks. Somehow, he managed to get away from there. Dev Kishan Gurjar and Sikander Ali were there who have seen the incident. Formal FIR No.238/1992 (Ex.P4) was registered at police station Kunadi (Kota). After due investigation, a charge sheet was filed against the appellant. Learned trial court charged him for offence under Sec. 3(1)(X) of the Act of 1989 and Sections 352 and 323 IPC. Appellant denied the charges and claimed trial. In all, eight witnesses were examined by the prosecution. Five documents were exhibited. Appellant-accused was examined under Sec. 313 Crimial P.C., whereupon he stated the prosecution witnesses to be false and that he did not beat or abuse Radheshyam. Manglia (DW-1) was examined and two documents were exhibited in defence. Learned trial court, after hearing the parties, convicted and sentenced vide impugned judgment the appellant, as stated above.

(3.) Learned counsel for the appellant submits that both the eye-witnesses Dev Kishan (PW-6) and Sikander Ali (PW-2) have turned hostile who were named in FIR. Prosecution examined Nanak Chand (PW-1) and Mukesh (PW- 5) also as eye-witnesses. They have also turned hostile. Statement of Radhey Shyam (PW-3) is not credible one. He reported in FIR and stated before trial court that he was beaten by kicks and fists and medical examination was also conducted. Prosecution has examined Dr. R.K.Sharma (PW-4), who conducted the medical examination of Radhey Shyam. He has stated that he did not find any visible injury on the body of Radhey Shyam. When he was complaining pain in abdomen, he suggested sonograpy. Radhey Shyam (PW-3) has stated in statement that he did not get sonograpy done, whereas Dr.R.K.Sharma (PW-4) stated in cross-examination that on sonograpy, no injury was found in the abdomen.