JASRATH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have been convicted under section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, referred to as the 'Act') and sentenced to six months R.I. each with fine of Rs. 1,000.00 each in Special Case No. 77/2001 vide judgment dated 21/11/2002 passed by Special Judge, Vidisha against which they have preferred this appeal under section 374 (2) of the Code of Criminal Procedure.

(2.) As per prosecution story, on 13/11/2000 at about 11 a.m. in the forenoon at Police Station Anandpur, Lalliram (P.W. 1) lodged the report that in the last night on 12/11/2000 at about 9 p.m. at village Bapcha he was taking a meeting of the members of the Scheduled Castes at the door of Lalliram (P.W. 3) of Bapcha. The meeting was organised on behalf of the Scheduled Castes Sangharsh Morcha, in connection with organising a demonstration of Tehsil level. In the report it was mentioned that Raghuvir Singh Chowdhary (P.W. 5), Ramratan (P.W. 4) and Lalliram Ahirwar (P.W. 3) were also present in the meeting. The appellants came at the place of meeting and started abusing them and insulted them and also intimidated them by pronouncing their castes and thereby committed an offence under section 3(1)(x). Due to the abuses some persons in the meeting became furious but they were persuaded and after pursuation appellants left the place and thereafter on the next day F.I.R. was lodged, on which crime was registered, matter was investigated and charge sheet was filed. During trial, appellants abjured their guilt and their defence was that due to enmity because of the Panchayat elections they have been implicated falsely.

(3.) We have heard the learned Counsel for the parties and perused the record.