BHAWANI SINGH YADAV Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure (for short the Code ) being aggrieved with the judgment dated 6/3/1998 passed by Special Judge, Panna in Special Case No.140/97, whereby the appellants stand convicted under Sections 325 read with 149, 148 and 323 read with 149 of the Indian Penal Code (for short the IPC ) Cr.A. No.719/1998 and sentenced to undergo R.I. for 1 year & to pay a fine of Rs.500/-; R.I. for six months; and fine of Rs.500/- respectively with default stipulation, while they have been acquitted of the offence under Section 3(1)(x) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act (for brevity the Act ), 1989.

(2.) According to the prosecution case, on 1/12/1993 at 9 p.m., when Santosh Kumhar, Kaman, Ramcharan etc. were warming themselves by fire at the door of their house situated at Village Badi Roondh (Dande Ka Bara), appellants, armed with Lathis, came there and filthily abused them in the name of their caste. Appellants told them that they would no longer be allowed land on sharecropping basis and assaulted Santosh Kumhar, Kaman, Ramcharan, Bharatlal, Guthalu and Sunder with Lathis, who all received injuries during the incident. On 2/12/93, Santosh (PW3) lodged the First Information Report (for short FIR ) leading to registration of Crime No.165/93 at Police Station Ajaygarh in respect of the offences punishable under Sections 147, 148, 149, 323, 325 and 506B of the IPC and Section 3(1)(x) of the Act. After completion of investigation, chargesheet was filed.

(3.) Charges under Sections 148, 323 and 325 of the IPC and Section 3(1) (x) of the Act were framed. Appellants denied the charges and pleaded false implication.