LALIT KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) BOTH the appellants have been convicted under sections 3 (1) (v) and 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, to be referred as the Act) and sentenced to rigorous imprisonment for six months with fine of Rs. 200/- each by Special Sessions Judge, Sehore, vide judgment dated 17.8.1992 passed in ST No. 141/1991. Being aggrieved by the aforesaid order of conviction and sentence, appellants have preferred this appeal.

(2.) ACCORDING to prosecution, on 24.3.1991 at village Siradi, District Sehore, the Harijan members of the village held a meeting to prevent untouchability and atrocities against Harijans. The meeting was also attended by 'Swarnas' and non Harijan members of the village and it was decided that Harijans would not be prevented from going to the temple and taking water from the well of the village. However, on 25.3.1991 at about 2 O'clock in the noon, when complainant Badri Prasad (PW 1), a member of the Scheduled Caste was sitting in front of his house, appellants Lalit Brahmin and Suman Brahmin alongwith one Kishna Brahmin, came there and abused him addressing as Harijan and uttered filthy abuses. Appellants threatened and intimidated the complainant saying that he was talking too much in the meeting and now if he would go to the temple or take water from the well, he would be cut by an axe. Complainant with folded hands requested the appellants not to quarrel with him. Meanwhile, complainant's brother namely, Imrat also came there, who also asked the appellants not to quarrel. Thereafter, they went to the place of Sarpanch, out he was not available being out of the village. Then the complainant apprised Kotwar of the village with the incident.

(3.) APPELLANTS denied the charges framed against them under sections 294 and 506 (2) of IPC and sections 3 (1) (v) and 3 (1) (x) of the Act and pleaded innocence and false implication.