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2015 Supreme(Chh) 107

CHANDRA BHUSHAN BAJPAI
Kartik Ram – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Lakhmi Tonte
For Respondents/Defendant: Sangeeta Mishra, Panel Lawyer

JUDGMENT

Chandra Bhushan Bajpai, J.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 14-5-1999 passed by Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'), Raipur in Special Session Case No. 58/97 whereby and whereunder the Special Judge after holding the appellants guilty for forcing or causing a member of Scheduled Tribe to leave his house, village or other place of residence, convicted them under S. 3(1)(xv) of the Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default of payment of fine, further undergo R.I. for 10 days to each appellants. Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellants as aforementioned thereby committed illegality.

2. As per the case of the prosecution, on 14-4-1997 complainant Singhraj Singh (PW-7) lodged First Information Report (Ex. P/4) against the appellants and one another accused person that on 20-10-1996 the complainant and other members of his community i.e. Scheduled Tribes have conducted pooja in hono
















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