RAMESH S/O BABULAL Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal of the year 1998 and it has been filed under Section 374 of the Cr.P.C. by accused appellant Ramesh being aggrieved by the judgment dated 11/12/1997 passed by the Special Judge West Nimar, Mandleshwar in Special Case No.160/1997 whereby the appellant has been convicted for offence under Sections 323 of the IPC and under Section 3(1) (x) of the S.C. & S.T. (Prevention of Atrocities) Act and sentenced to undergo six month's R.I with fine of Rs. 800/- in total; in case of default of fine the appellant was to undergo additional one month's simple imprisonment.

(2.) On the date of incident complainant Ramchandra, a Lineman of M.P.E.B. was going for some personal work and when he passed the way in front of the Durgamata temple at that time arti, pooja and distribution of prashad were going on and some one called the complainant inside the temple to take prashad. When complainant entered the temple premises to obtain prashad one Girdhar abused him in the name of caste and asked to keep his foot wear away from the temple. He kept his foot wear away from the temple and returned to obtain the prashad and when he put his leg on the first step accused Ramesh Gawli abused the complainant in the name of caste. One Narsingh was distributing the prashad and gave same to him. Accused Ramesh first slapped Narsingh and then also slapped the complainant Ramchandra. Narsingh was beaten because he gave the prashad to a lower caste person and the appellant was beaten because he was a scheduled caste person and had entered on the first step of the temple and thereafter the accused threatened the complainant to cut off his legs and arms. Thereafter the matter was reported at the police station and on the basis of the FIR the crime was registered by the police at Khargone police station. The investigation was conducted by Sub Inspector Shri K.K. Sharma and the spot map was also prepared. The statements of the witnesses were recorded. Thereafter the accused appellant was arrested. On completion of the investigation, the accused was duly charged and put to his trial.

(3.) Accused/appellant abjured his guilt and stated that he has been falsely implicated in the matter. However, on the basis of the evidence on record, the trial Court has convicted and sentenced the appellant as herein above indicated. Being aggrieved, the appellant has filed the present appeal.