SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant Sita Ram under Section 374(2) Cr.P.C. against the judgment dated 09.06.1994 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) and Addl. Sessions Judge, Bikaner (for short 'the trial court") in Criminal Case No. 15/1993 whereby the learned trial court convicted the accused-appellant for offences under Sections 447, 427 and 323 I.P.C. and Section 3(i)(x) of SC/ST (Prevention of Atrocities) Act and sentenced the accused-appellant as under:

(2.) Brief facts of the case are that a complaint (Ex.-P1) was lodged by one Madan Lal who was brother of the petitioner stating therein that he went to a field at Village Malasar belonging to Khasra No. 80/8 of khatedari land. During this year, one Jugta Ram used to plough this land for the crop of Gawar and Till. He kept one Manohar Lal for this purpose who worked there whole day and in night he went to Narain Singh's house. It is alleged that on 15.08.1992 at about 7.00 PM, Manohar Lal came to the complainant and said that on the same day in the morning at about 10.00-10.30 AM when he was in the field and collecting cows then his brother Sita Ram came in a Tractor along with three Sardars and one other person whose name he did not knew. All five persons started destroying crop with the tractor. On this Manohar Lal opposed for doing so. Then all five persons came to Manohar Lal and accused Sita Ram abused and insulted Manohar Lal and also slapped him. Sardars who also accompanied with accused Sita Ram also threatened Manohar Lal with dire consequence. They all threw out Manohar Lal from the field and destroyed the crop. Manohar Lal went to Jaimalsar and informed this incident to Narain Singh. They went to the spot and saw that the crop which was destroyed by the accused persons. On the above said report, an FIR (Ex-P2) for the offences under Sections 447, 147, 427 and 323 I.P.C. and Section 3(i)(x) of SC/ST (Prevention of Atrocities) Act was registered

(3.) After completion of investigation, a charge-sheet for the aforesaid offences was filed against the accused-appellant The trial of the case was conducted by learned Special Judge, SC/ST (Prevention of Atrocities) and Addl. Sessions Judge, Bikaner who after hearing framed charges against the accused-appellant for the offences under Sections 447, 427 and 323 I.P.C. and 3(i)(X) of the SC/ST (Prevention of Atrocities) Act, 1989. In support of its case, the prosecution examined as many as 7 witnesses and exhibited documents as Ex.-P1 to Ex.P4. Thereafter appellant-accused was examined under Section 313 Cr.P.C. in which he denied all the allegations against him. In his defence accused got examined DW-1 Amolakram. After hearing both the parties, learned trial court convicted the accused-appellant for the offences under Sections 447, 427 and 323 I.P.C. and 3(i)(X) of the SC/ST (Prevention of atrocities) Act, 1989 and sentenced the accused-appellant as aforesaid.