N.K.Gupta, J. - (1.)THE appellant has preferred the present appeal being aggrieved with the judgment dated 10.12.2009 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Chhatarpur in Special Case No. 55/2008, whereby the appellant was convicted of the offence punishable under Sections 323, 323/34 and 452 of the IPC and sentenced to six months R.I. with fine of Rs. 500/ - for each offence. It was also directed that the sentences shall run concurrently.
(2.)FACTS of the case, in short are that on 15.2.2008 at about 8:00 p.m. Nathua Basore was present at the house of one Santosh situated at village Sendhpa (Police Station, Bada Malhara, District Chhatarpur). The appellant alongwith co -accused Makhan went inside the house after preparation of causing hurt and assaulted Shakun Bai, Uma Bai, Pan Bai, Nathua and Santosh causing simple injuries to them. After due investigation, a charge sheet was filed and matter was tried by the Special Court under SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as 'the Special Act').
The appellant abjured his guilt. He did not take any specific plea in defence but he has stated that he was falsely implicated in the matter however, no defence evidence was adduced.

(3.)THE Special Judge after considering the prosecution's evidence acquitted the appellant for the offence under Sections 294, 506 (Part -II) of the IPC and five counts of charges of Section 3(1)(x) of the Special Act. He has also acquitted the appellant of the offence under Sections 323 and 323/34 of the IPC for the victims Nathua, Uma and Santosh. However, for his overt act relating to Pan Bai and Shakun Bai, he was convicted of the offence under Sections 323/34 and 323 of the IPC. Also he was convicted of the offence under Section 452 of the IPC and was sentenced as mentioned above.