1. This is an appeal against the judgment dated 04.02.1998 passed by the Special Judge (Atrocity), Bilaspur, in Special Criminal Case No.255/96, whereby, the appellants were convicted under Section 3(1)(iv) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act, 1989") and have been sentenced for a period of 1 year R.I. and fine of Rs.300/-, in absence of payment of fine, further the accused had to undergo the sentence of 1 month R.I. During pendency of this appeal, the appellant No.1 i.e. Keshav Rao Ingle has breath his last and, as such, the appeal against him stands abated and his name has been deleted from the cause title of the memo of appeal.

2. The prosecution story, in brief, is that the accused prior to 13.01.1995 at village Pulalikala encroached upon the land of the complainant Ratan Singh who belong to SC, ST while the accused do not belong to the said caste. The land was bearing khasra No.482 ad-measuring 0.263 hectares. It is the case of the prosecution that the accused have forcefully buried the dead body of their family members in the said land and have constructed the Graves and thereby have occupied the land