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2005 Supreme(MP) 604

A.K.SHRIVASTAVA
Sharad Kachhi – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Arun Nema, R.S.TIWARI,

Judgment

( 1. ) THIS appeal has been preferred by the appellant under Section 374 (2), Cr. PC, 1973 against the judgment of his conviction and order of sentence dated 10-8-94 passed by the Special Judge, Panna in Special Case No. 86/92 convicting the appellant under Sections 3 (1) (x) and 3 (1) (xiv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the Act) and sentencing him to suffer rigorous imprisonment of six months and fine of Rs. 500/-, in default of payment of fine amount, further simple imprisonment of one month under each offence.

( 2. ) IN brief the case of prosecution is that on 1-10-92 at 5. 30 p. m. complainant released his oxen and they entered in the field of one Marua Choudhary, which is given to appellant on crop share basis (Adh Batai) as a result of which some hot talk took place between the complainant and accused-appellant. As per the case of prosecution, appellant hurled abuses of mother and daughter. The complainant pecified and refrained him from hurling the abuses, as result of which appellant by holding a lathi ran towards him. The complainant was running away, however the appellant restrained him as a result of wh











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