- (1.)This appeal under Section 374(2) of the Code of Criminal Procedure,1973 (hereinafter referred to as "the Code") has been filed by the appellants against the Judgment and findings of conviction dated 22.09.2009 passed by learned Special Judge (constituted under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act), Khandwa, in Special Criminal Case No.79/2007, convicting the appellants under Sections 323 (for causing injuries to Asharam) and 323/34 (for causing injuries to Kuwarbai) of IPC and sentencing them R.I. for six months with fine of Rs.500/- and R.I. for three months with fine of Rs.100/- respectively to each appellants, with default stipulations.
(2.)The facts in brief are that on 20.07.2007 when the complainant Kunwarbai with her husband went to Bazar at Jaward and were taking meals near Railway Line, at that time, the accused Kubrabai came over there and told the complainant to go from here and used filthy languages. When the complainant and her husband again proceeded to Bazar, accused Majeed, Safi and Faij Mohd came over there and assaulted Asharam by sticks at his hands and head and when the complainant Kunwarbai tried to intervene, she was also assaulted by knife by accused Majeed. She lodged a report to the Police. After due investigation, charge-sheet has been filed against the appellants.
(3.)Learned trial Court framed charges punishable under Sections 323/34 and 324/34 of IPC and Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the appellants, who abjured their guilt, therefore they were put to trial.