CHANDRIKA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of Criminal procedure has been preferred by the appellant being aggrieved by the impugned judgment, finding and sentence dated 7-7-1999 passed by the Special Judge, scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Mandla in special Case No. 61/1998, whereby the appellant has been convicted under section 294 of IPC for fine of Rs. 500/-, in default of payment of fine, SI for two months, under Section 452 of IPC for one year's RI with fine of Rs. 1000/-, in default of payment of fine, SI for four months and under Section 323 of IPC for three months' RI. All the sentences are directed to run concurrently.

(2.) THE prosecution case in short is that on 28-2-1998 at about 6. 00 p. m. when complainant Karorilal Jharia, Teacher in Education Department, resident of Niwas was at his house, appellant entered in his house, used filthy language, threatened and caused marpeet by lathi, on account of which he sustained injuries. On the basis of his written report, FIR was registered at Police Station niwas. He was sent for medical examination and was examined by Dr. Archana sharan (P. W. 4), who found injuries on his person as detailed in the medical report (Exh. P-2a ). Spot map was prepared. Statements of the witnesses were recorded under Section 161, Cr. PC. After completing the investigation, the charge-sheet was filed against him under Sections 452,294, 506-B, 323 and 336 of IPC read with Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in the Court of Special Judge, Mandla.

(3.) THE accused was charged under Sections 294,452,323,506 (Part II)of IPC and Section 3 (1) (x) of SC/st Act. He denied the guilt and claimed to be tried mainly contending that he is innocent and has been falsely implicated. Prosecution examined as many as 7 witnesses and appellant-accused examined two witnesses. After appreciating the evidence, the Trial Court found him guilty under Sections 294,452 and 323 of IPC and convicted and sentenced thereto as stated herein above in Para No. 1 of this judgment. Being aggrieved by the impugned judgment, this instant appeal has been preferred by the appellant on the grounds mentioned in the memo of appeal.