RAM SEVAK Vs. STATE OF M.P

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 29.7.1998 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Tikamgarh in Special Case No. 167 of 1997 whereby, the appellant has been convicted of offences under Section 436 of I.P.C. and Section 3(1)(III) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as the "Special Act") and sentenced to seven years rigorous imprisonment with fine of Rs. 7500/ - on each count, in default of payment of fine two years additional sentence on each count.

(2.) THE prosecutions case in short, is that, in the midnight of 3rd and 4th July, 1995 the complainant Halkai Ahirwar (PW1) was sleeping near his house at his field situated at Village Chakroli (Police Station Niwadi, district Tikamgarh). At 12.00 in the night when the complainant Halkai got up to go for urination, he saw that back portion of his house was under fire. He started shouting. When he went to the back portion of his house he found three persons running from the spot. Out of them one was the appellant Ram Sevak. On his shouting other witnesses came to the spot and fire could be extinguished. However, 8 goats, 1 hen were killed and various domestic articles having value of Rs. 7000/ - were destroyed in the fire. On lodging FIR Ex.P/1 at outpost Senri of Police Station Niwadi, a case was registered and investigation was initiated. After due investigation the charge sheet was fled before the Special Court.

(3.) THE appellant abjured his guilt. He took a plea in defence that he was falsely implicated due to enmity. In defence Laxman (DW1), Ghanshyam (DW2) and Lal Singh (DW3) have been examined.