- (1.)THE present appeal has been preferred by the appellant against the judgment of his conviction and sentence passed by the Special (Sessions) Judge, Narsinghpur in Special Case No. 83/1994 whereby the appellant has been convicted under section 3 (1) (10) of the Schedule Caste and Schedule Tribes (Attrocities) Act (for short as "the SC and ST Act") and further convicted under Section 506 (2) of the Indian Penal Code (for short "the IPC") and respectively sentenced to one year's R. I. with fine of Rs. 1000/- in default R. I. for three months and six months R. I. with fine of Rs. 500/- in default R. I. for 1 months; both sentences to run concurrently.
(2.)PROSECUTION story, in short, is that the first information report was lodged by the complainant Mannulal at police station kareli, Dist. Narsinghpur alleging that the appellant has threatened him of dire consequence and has also abused him. It is also alleged in the first information report (Ex. P-1) that the accused has addressed the victim by using the words "chamra chamariye" and further warned him not to enter his farms, failing which serious consequences will follow. The police after necessary investigation launched prosecution against the appellant-accused.
(3.)IT is seen in the present case that though an offence punishable under Section 294 of the IPC was also framed and tried against the appellant but the trial court has acquitted the appellant of the said charge but convicted the appellant for the offences punishable under Section 3 (1) (10) of the SC and ST Act and further convicted under Section 506 (2) of the IPC. On behalf of the appellant it is stated that Mannulal (PW-1) who has lodged the first information report, in his statement does not state that the present appellant has used the words "chamra Chamariye" with an intention to cause annoyance or humiliation to him. It is further contended that the appellant has already been acquitted of the offence under Section 294 of the ipc. Learned counsel for the petitioner relies upon para-11 of the judgment passed by this Court reported in 2005 (4) MPLJ 363 (Jasrath Singh and another vs. State of M. P.) wherein this Court has held that calling a person from the caste name should be with an intention of causing insult or humiliation to constitute the offence under Section (1) (x) of the SC and ST Act. In the instant case, the statement of Mannulal (PW-1), who has lodged the first information report, only states that there was some dispute going on with reference to the land of the accused. He further stated that on the date of incident the accused came with a revolver and threatened him with dire consequences and further threatened not to enter in the farms. This witness also states that he was motherly abused and also addressed by the present appellant as "chamra Chamariye". There is nothing in his statement that the alleged words used by the appellant caused any annoyance or humiliation to the complainant in a place within a public view.