PAPPU SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 4-10-2001 passed by Sri N. B. Singh, Special Judge, SC/ST Act, Court No. 3, Deoria in Special Trial No. 52 of 2001, convicting the applicant under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing him to pay a fine of Rs. 200 only.

(2.) The prosecution story briefly stated was that on 20-9-92 at about 7.00 p.m. at Kasba Bhatpar Rani, P. S. Bhatpar Rani, District Deoria, the applicant voluntarily caused hurt to Ashok Kumar and also threatened him to kill. He lodged a report of the said occurrence. On the basis of the report a case under Section 323/506 IPC and Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter called the Act) was registered. After investigation the police submitted charge-sheet. During trial before the special Judge the prosecution examined Ashok Kumar (PW 1), Ram Nandan (PW 2), Ram Cheej (PW 3) and Nandani Prasad (PW 4). The learned special Judge on considering evidence of the prosecution found that the offences punishable under Section 323/506 IPC were not made out against the applicant and he acquitted him under the said sections, but he further held that the offence punishable under Section 3(1)(x) of the Act was proved against him. He accordingly convicted him under the said section and sentenced him to pay a fine of Rs. 200.00 only. Since no appeal lies against the sentence of fine, not exceeding Rs. 200.00, therefore, the applicant challenged his conviction and sentence in this revision.

(3.) Heard learned counsel for the applicant, learned A. G.A. and perused the record.