SURESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 10.12.2010 passed by the Special Judge SC/ST (Prevention of Atrocities) Act, (hereinafter referred to as the 'Special Act') Khandwa in Special Case No.106/07, whereby the appellant was convicted and sentenced as under:-

(2.) THE prosecution's case in short is that on 31.10.2007 at about 5:00 p.m. the complainant Ashok (PW-1) and his wife Shayamabai (PW-2) were going to clean the Haat Bazar at village Khar (Police Station, Kalwa District Khandwa), then on the way, the appellant met them and he started talking in an insulting manner. He told the witness Shyamabai to be a 'Bhangan'. The complainant Ashok tried to console the matter but the appellant insulated them by telling the obscene words as well as abuses relating to their caste. Thereafter, the appellant assaulted the complainant Ashok by a spade causing him injuries on his nose and left hand. The complainant Ashok went to the Police Station, Kalwa District Khandwa and lodged an FIR Ex.P/3. He was sent to the government hospital for his medico legal examination and treatment. Dr. Pahuja (PW-5) examined the complainant Ashok and gave his report Ex.P/5-A. He found that the blood was oozing from both the nostrils of the victim Ashok and there was a lacerated wound on the mid of his nose. One more lacerated wound was present on his left side of his nose. The victim was referred to the District Hospital, Khandwa for his treatment. After due investigation, a charge sheet was filed before the J.M.F.C., who committed the case to the Special Judge, Khandwa.

(3.) THE appellant abjured his guilt. He did not take any specific plea, but he has stated that he was falsely implicated in the matter. However, no defence evidence was adduced by the appellant.