Prashant Kumar Agarwal, J. - (1.) The accused-appellants have filed this Criminal Appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 20.04.1992 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases) Kota in Sessions Case No.151/1991 whereby the learned trial Court has convicted the appellants for offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocitites) Act, 1989 and has sentenced each of the accused/appellants to undergo rigorous imprisonment for six months and to pay a fine of Rs.200/- and in default thereof to further suffer rigorous imprisonment for one and half months.
(2.) It is to be noted that appellants have been acquitted for offence under Sections 147 and 451 I.P.C. It is further to be noted that two co-accused Shri Rajendra Singh and Shri Vijendra Singh were acquitted for offence under Section 3(1)(x) of the Act also.
(3.) Brief relevant facts for the disposal of this appeal are that FIR No.174/1990 came to be registered at Police Station, Itawa on 25.07.1990 on the basis of a written report (Exhibit P-1) submitted by complainant Shri Prabhulal Meena alleging therein that accused-appellant Shri Mohan Singh initially abused him by his caste name and later on all the accused entered into his house armed with Dharias, Gandasi and Sticks and inflicted injuries to them. On the basis of FIR, investigation was undertaken and after usual investigation charge-sheet was filed against as many as six persons including the present appellants. In order to prove the charges, prosecution produced oral as well as documentary evidence whereas appellants in their respective statements recorded under Section 313 Cr.P.C. denied the evidence produced on behalf of the prosecution and in defence statements of three witnesses were recorded. Learned trial Court after hearing the respective parties and considering the evidence made available on record passed the impugned judgment and order.;