MANHARAN Vs. STATE OF M P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 27.2.1993 passed by the Special Judge, Raipur, in Special Criminal Case No. 279/91, whereby and whereunder learned Special Judge after holding appellant guilty for the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') sentenced him to undergo rigorous imprisonment for six months and to pay fine of Rs. 100/ -, in default of payment of fine to undergo simple imprisonment for one month.

(2.) Conviction is impugned on the ground that without any evidence relating to commission of the offence on the ground of caste, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) Brief facts necessary for disposal of this appeal are that Devraj Diwan (PW-1), the then Patwari and member of Scheduled Tribe was coming to Nevra on 19.7.91 at about 6.15 p.m., the appellant stopped him and demanded map of revenue record, the complainant told him he would not in a position to supply such map, then appellant used filthy language and assaulted. Other co-accused also came and they also assaulted the complainant. Kotwar Nandkumar and Devnarayan Verma intervened, then the appellant used the words "Gond Gawar". Devraj Diwan (PW-1) lodged the F.I.R. vide Ex.P/1. Spot map was prepared vide Ex.P/3. The complainant was sent for medical examination vide Ex.P/4A and he was examined vide Ex.P/4.