ANIL KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.05.1999 passed by Special Judge, Raipur in Special Session Trial No. 11/99 convicting the accused/appellant under Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and sentencing him to undergo rigorous imprisonment for six months and pay fine of Rs. 500/- plus default stipulation.

(2.) Case of the prosecution, in brief is that on 30.12.1998 when the complainant Panchuram (PW-1) cobbler by occupation was doing work of shoe polish and shoe repairing in village Rawat, the accused/appellant came there and gave his shoe for repairing to Panchuram (PW-1) at 12 noon. Thereafter when the accused/ appellant came to get his shoe back, there was some hot talk over the repair charges being told by the complainant where the accused/appellant abused him calling "Bhosdike", "Chamar", "Mochi". Not only this, the accused/appellant is also alleged to have hurled the shoe at the complainant as a result of which he suffered injury in the periphery of his eye. On FIR (Ex. P-1) being made by the complainant, offences under Sections 294 and 323 IPC were registered against the accused/appellant and after completion of investigation charge-sheet was filed under the same sections including the one u/s 3 (1) (x) of the Special Act, followed by charge being framed as such.

(3.) By the judgment impugned learned Court below acquitted the accused of the charge under Section 323 IPC but convicted him under Section 3 (1) (x) of the Special Act and sentenced him as referred to above.