BIJJU ALIAS BRIJLAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed by the appellants being aggrieved by the judgment dated 23.10.92 passed by the Special Judge, Damoh (constituted under the Schedule Caste and Schedule Tribe Prevention of Atrocities Act , in short 'the Act') in Special case No.52/92 convicting each of the appellants for the offence under Section 3(1)(x) of the Act with a direction to undergo for RI six months with fine of Rs.100/-, in default of it, further SI one month was awarded.

(2.) As per the case of the prosecution on dated 19.3.92 at about 11 O' Clock in the night, the complainant Hariya, Chhanulal,Durga Prasad, Khunsa, Basora and Chinta accompanied with other 15 members of their caste "Chamar" were singing song regarding holy festival at the residence of Gora Chamar in village Bhidari. At the same time, appellants came there and asked them why they did not come at their places for singing such songs. The same was replied that in the lack of any invitation how could they come. In response of it, the complainant and the aforesaid other community members were subjected to filthy abuses with the name of mother and sister and proceeded for assaulting them. On the next day i.e. 20.3.92, in the evening at 6 O' Clock such incident was reported to the police Hata. After holding investigation, the appellants were charge-sheeted for the offences punishable under Section 3(1)(x) of the Act and Section 294 of the IPC. On framing the charges by the Special Judge for such offences, the same were denied by the appellants on which the trial was held. After recording the prosecution evidence, on appreciation of the same, they were held guilty for the offence under Section 3(1)(x) of the Act and also sentence as stated above. The same is under challenged in this appeal.

(3.) Shri Rajroop Patel, learned counsel appearing for the appellants assailed the impugned judgment and conviction on the following grounds :