M.K. Mittal, J. - (1.) This appeal has been filed by Het Singh son of Jwala Prasad, Dhan Singh son of Jaswant Singh and Shyam Singh son of Genda Lal, all residents of village Ghameria, P.S. Rijore, District Etah, against the judgment and order dated 29.9.1995 passed by II Additional Sessions Judge, Etah, in Sessions Trial No. 169/94, whereby the appellants have been found guilty and convicted under section 3(1)(X) S.C. & S.T. (Prevention of Atrocities) Act, 1989 (hereinafter referred as Act) and have been sentenced to undergo rigorous imprisonment for a period of 6 months and to pay a fine of Rs. 500/- and in case of default to further undergo rigorous imprisonment for a period of 2 months. The appellant Het Singh has been further convicted under section 3(1)(IV) of the Act and has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- and in default to further undergo rigorous imprisonment for a period 2 months. The sentences of the appellant Het Singh have been directed to run concurrently. By this judgment the accused were not found guilty under sections 504 and 506 I.P.C. and Dhan Singh and Shyam Singh were not found guilty under section 3(1)(IV) of the Act.
(2.) I have heard Sri. Akhilesh Srivastava learned Counsel for the appellants, Sri S.S. Yadav learned A.G.A. for the State and have perused the Trial Court record.
(3.) The brief facts of the case as unfolded in the first information report Ex.Ka-1 lodged by Devraj son of Anant Ram Jatav, resident of village Ghameria, are that on 7.1.1993 at 9.00 a.m. when the informant went to his field the accused appellants threatened to kill him and said The accused also stated that earlier a shot was made but he had escaped but this time it would be fatal. The accused had taken unauthorized possession over his plot which was allotted to him on patta. Its number was 821 area 8 bigha. No one was ready to say anything against the accused because of their terror. The informant also apprehended danger to his life. The incident was seen by Vimal son of Ramsahai.;