KANHAIYA & ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 31.8.1998 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Khandwa in special case No.14/1997, whereby the appellants have been convicted of offence under Section 3 (1) (xiv) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be referred to "Special Act") and sentenced to 1 year's rigorous imprisonment with fine of Rs.2,000/ -, in default of payment of fine, 6 months' rigorous imprisonment in addition.

(2.) The prosecution's case, in short, is that, on 9.4.1997, the complainant Kadwa (P.W.2) alongwith his family members, Magan (P.W.3), Rukmani Bai (P.W.5) and Sita Bai (P.W.6) went Criminal Appeal No.2194 of 1998 to Ram temple at Bherukheda (Police Station Pandhana, District Khandwa) to offer Pooja of Gangaur. The priest Hareram (P.W.8) informed them that without the permission of the appellants, he could not permit the complainant and his companions to offer Pooja. The appellants who were residents of a nearby place were called and they started abusing the complainant and his companions and they were directed to go out. It was intimated that 5 stones were placed in front of the temple and the complainant and his companions may offer their Pooja there. Thereafter, at 3 p.m., when the complainant Kadwa alongwith Suresh and Radheshyam went to a Pan shop, the accused Pappu @ Ramchandra met him and he took the complainant Kadwa to give him an opportunity of Darshan. In the meantime, all the accused persons came simultaneously and assaulted the complainant Kadwa by kicks and fists. Also, a mob had pelted stones upon various persons and therefore, Sita Bai, Rukmani Bai and Magan etc. have sustained injuries. Thereafter, the complainant Kadwa went to the police station Pandhana and lodged an FIR, Ex.P/4. Various victims were sent for their medico legal examination and after due investigation, a charge -sheet was filed before the Special Court.

(3.) The appellants abjured their guilt. They took a plea that it was not a case of untouchability but, Kadwa and his family members have falsely implicated the appellants in the Criminal Appeal No.2194 of 1998 crime. Kadwa and his family had assaulted various members of devotees including the appellant Ramlal and a case was registered against various relatives of the complainant including Magan etc. for offence under Sections 294, 323, 506 -B, 147, 149 of IPC. In defence, certified copy of medical reports and FIR of that case have been filed.