SHANKAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by Special Judge Vidisha in Special Case No. 221/1997 on 5/3/1998 whereby the accused appellant has been convicted under section 3 (1) (10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced to simple imprisonment for six months and fine of Rs. 100/- (Rs. Hundred only).

(2.) ACCORDING to prosecution on 29.8.1997 complainant Munalal after milking his cow had kept the milk in the varanda of his house which was drunk by the dog of accused persons. Being annoyed complainant hit the dog by Danda. Somebody told the accused person that complainant had killed the dog, they rushed armed with Farsa and reached in front of the house of the complainant and started abusing him. On being objected by the wife of complainant accused persons namely Shankar Singh and Devi Singh abused her also and said that ' 'Chamaria wali tere dimag kharab ho gaye hai, tere aadami ne kutte ko kaise mara, bahar nikal". The complainant out of fear did not come out from his house. Witness Roop Singh and Jagat Singh reached at the spot and intervened whereupon the accused persons went away.

(3.) THE complainant Munnalal PW 1 deposed before the Court that as the dog belonging to accused persons had drunk his milk kept in the varanda therefore, he had hit the dog. On hearing it accused persons came to his house and started abusing him. Both the accused had wielded Katarna. They had intimidated that if he went to lodge report, he will be killed and when his wife tried to intervene they abused her and said "Chamaria ke bhav badgaye hai". PW 2 Jagat Singh who happened to be the nephew i of complainant said that the accused persons were standing at Varanda and were abusing Munnalal. He has simply said that the accused hurled abused. This witness did not say that the accused referred to caste of the complainant. PW 4 Kunwar Singh did not support the prosecution. PW 5 Geetabai the wife of the complainant said that the incident occurred when her husband had hit the dog of accused persons when it had drunk their milk kept in the varanda. She said that the accused persons came with Farsa and Katarna and asked them as to why they had hit the dog. They said that they will beat them too as they had beaten their dog. She said i that out of fear they concealed themselves inside the house. Accused i persons hurled abused and said that Chamaria Randi apne aadmi ko bahar ' nikal.