1. Appellants have filed this appeal against the judgment dated 2.7.1996 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Jabalpur in Special Case No. 63/1995, convicting them under section 323 of the Indian Penal Code and section 3 (1) (x) of the SC/ST (Prevention of Atrocities) Act (hereinafter for short 'the Act') and sentenced them to pay fine of Rs.500/- and rigorous imprisonment for six months with fine of Rs.1,000/- on each count respectively.

2. In short, the prosecution case is that on 28.11.1995 at about 8 a.m., when complainant Pyarelal was going on the public way, appellants confronted and after abusing him assaulted by fists, kicks and lathis. As a result of which, he suffered injuries. It is also said that they called him 'Chamra' with a view to intentionally insult and humiliate him because of his being a member of Scheduled Caste.

3. Pyarelal (PW 1) lodged a report Ex. P/l at police Station AJK, Jabalpur. Police registered a case against the appellants under sections 341,294, 506-B and 323/34 of the Indian Penal Code and section 3 (1) (x) of the Act. Investigating Officer sent Pyarelal for medical examination to Victoriya Hospital, Jabalpur. Dr.