( 1 ) APPELLANTS have been convicted under section 3 (1) (x) of scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, referred to as the 'act')and sentenced to six months R. I. each with fine of Rs. 1,000. 00 each in Special Case No. 77/2001 vide judgment dated 21/11/2002 passed by Special Judge, Vidisha against which they have preferred this appeal under section 374 (2) of the Code of Criminal Procedure.

( 2 ) AS per prosecution story, on 13/11/2000 at about 11 a. m. in the forenoon at Police Station Anandpur, lalliram (P. W. 1) lodged the report that in the last night on 12/11/2000 at about 9 p. m. at village Bapcha he was taking a meeting of the members of the Scheduled Castes at the door of Lalliram (P. W. 3) of Bapcha. The meeting was organised on behalf of the Scheduled Castes sangharsh Morcha, in connection with organising a demonstration of Tehsil level. In the report it was mentioned that raghuvir Singh Chowdhary (P. W. 5), ramratan (P. W. 4) and Lalliram Ahirwar (P. W. 3) were also present in the meeting. The appellants came at the place of meeting and started abusing them and insulted them and also intimidated them by pronouncing their castes and thereby committed an offence under section 3 (1) (x ). Due to the abuses some persons in the meeting became furious but they were persuaded and after pursuation appellants left the place and thereafter on the next day F. I. R. was lodged, on which crime was registered, matter was investigated and charge sheet was filed. During trial, appellants abjured their guilt and their defence was that due to enmity because of the Panchayat elections they have been implicated falsely.

( 3 ) WE have heard the learned counsel for the parties and perused the record.

( 4 ) DURING trial, Lalliram s/o dhannalal (P. W. 1), Lalliram s/o Amar (P. W. 3), Ramratan (P. W. 4) and Raghuvir singh Chowdhary (P. W. 5) were examined to support the prosecution case. Lalliram (P. W. 1) has deposed that he was. talking in meeting of Harijan Samaj in the night at about 9 p. m. He is the Incharge of anusuchit Jati Sangharsh Morcha, sironj Lateri. When he was talking in meeting, appellants came there and started abusing them and said that "lalliram CHAMRU HE, CHAMAR panchayat KAR RAHA HE AUR CHAMAR panchayat KARKE KYA KAREGA - GALI di. " Some of the members of the meeting became furious and thereafter the appellants were persuaded and they left the place. In the cross-examination, he says that for the first time he had gone to village Bapcha for talking the meeting but he does not know the name of other persons, those who were participating in the meeting. There was no light at the time of talking meeting and only lamp (Chimney) light was available. He has further admitted that he used to support the candidates of reserve seat in the panchayat election. The members of bagdi community have not been included in the Scheduled Castes but they are getting forged certificates and at village bapcha on most of the seats members of baghel community have won the election and member of his community have lost. He had also filed a writ petition in the high Court and had also made complaint about the Anandpur Panchayat. Aarambai baghel was elected as Sarpanch but on his action she has been removed from the post. From this statement it is clear that Lalliram (P. W. 1) is having caste based enmity against the members of baghel community. He has admitted that both the appellants are the members of baghel community.

( 5 ) LALLIRAM (P. W. 3) has only stated about Chamar Panchayat and has not stated that any abuses were given to complainant Lalliram s/o Dhannalal. He has stated that in the meeting they were discussing the subject that members of baghel community became members of scheduled Castes and he has stated that both the appellants came there but only jasrath Singh had told him that "chamar PANCHAYAT HO RAHI HE, chamru MEETING KARNE LAG GAYE hein" and they had also abuse