RAMGULAM Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 18.4.2002 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Panna in Special Case No.80 of 2000 whereby, the appellant has been convicted and sentenced as under : <FRM>JUDGEMENT_125_LAWS(MPH)11_2015.htm</FRM>

(2.) Facts of the case in short, are that, the complainant Arjunlal (PW1) was working as Assistant Veterinary Officer at Village Banoli. On 26.2.2000 he went to the house of Ajju Gurdaman at Vaillage Taprel to treat his cow. When he was coming back to the village Banoli at about 5.20 p.m the appellant Ramgulam stopped him and abused him with obscene words as well as words relating to his caste. Thereafter, he gave 3-4 slaps to the appellant and by showing firearm gave a threat that if he would not take his report back from Police Station, AJAK then he would kill him in future. In the meantime, witnesses Girdharilal (PW3) and Rajkumar (PW2) came to the spot and therefore, the appellant ran away. The complainant went to the Police Station, AJAK and lodged an FIR. He was sent for medico legal examination, but no visible injury was found to him. After due investigation, the charge sheet was filed before the JMFC, Panna, who committed the case to the Court of Special Judge.

(3.) The appellant abjured his guilt. He took a plea that two days after the festival of Makar Sankranti the complainant Arjunllal alongwith Girdharilal and Rajkumar had assaulted him and therefore, he had lodged an FIR at Police Station, Semariya. Since the complainant did not treat his bullock properly therefore, he blamed the complainant and therefore, the complainant was feeling an enmity. In defence the copy of FIR and other documents were produced. Also Shubhadaya (DW1), Durga Prasad (DW2) and Ramgulam (DW3) were examined.