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2011 Supreme(MP) 826

2012 (I) MPWN 99
U.C. Maheshwari, J.
Bansilal
v.
State of M.P.
Criminal Appeal No. 1514 of 2011 (J);
Decided on 11.11.2011.

Headnote:Penal Code, 1860 -- Ss. 294/34 and 323/34 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- S. 3 ( 1) (x) -- accused abused complainant to humiliate on account of his caste --he abused and beat other victims also -- victims sustained injuries n no error, perversity or irregualarity in framing charges. 2005 (3) MPLJ 152 distinguished.

       [Paras 5 & 6

        naM lafgrk] 1860 & /kkjk 294@34 rFkk 323@34 & vuqlwfpr tkfr;kWa vkSj vuqlwfpr tutkfr;kWa ¼vR;kpkj fuokj.k½ vf/kfu;e] 1989 & /kkjk 3 ¼1½ ¼x½ & vfHk;qDr us ifjoknh dks mldh tkfr dss dkj.k vieku djus ds fy, xkyh nh & mlus vU; vkgrksa dks Hkh xkyh nh vkSj ihVk & vkgrksa dks {kfr;kWa gqbZ & vkjksi fojfpr djus esa xyrh] foi;ZLrrk vFkok vfu;ferrk ugha A 2005 ¼3½ ,e ih ,y ts 152 izHksfnr A

       ¼iSjk 5 ,ao 6

ORDER

1. The applicants/accused, have filed this revision being aggrieved by the order dated 8.7.2011 passed by the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, (in short 'the Act'), Jabalpur in Special Case No. 34/11 framing the charges against each of the applicants for the offence of sections 294/34, 323/34 of the IPC and section 3 (1) (x) of the Act.

2. The facts giving rise to this revision in short are that on 26.4.2011 on receiving the information of some quarrel and incident from the complainant Gend Singh R/o Uchehra at Police Station Kundam, District Jabalpur, the same was recorded in the Rojnamacha Sanha No. 860. On holding the preliminary inquiry, it was revealed that some cognizable offence has been committed, on which the FIR was registered as Crime No. 82/11 against the applicants for the offence of sections 294, 323, 506 and 34 of the IPC and secIion 3 (1) (x) of the Act. As per averment of it on dated 23.4.2011 said complainant Gend Singh was in need of tractor for bringing his grain from his village to some place, for which, at the fare of Rs. 300/-, he hired the tractor from applicant No.1 Bansilal. On the way, near Bus Stand Kundam, said Bansilal refused to bring his grain on his tractor and returned the sum of the fare. Thereafter, the complainant hired the tractor of one Pachamlal Chakarwarty for the same, on which, the applicants abused the complainant on account of his caste "Gond" and also to said Chawarkarty and Preeti and also beaten them. On lodging the report at P.S. Kundam, the same was recorded in the Rojnamacha Sanha No. 860 of dated 23.4.2011, and thereafter victims were sent to Hospital, where on medical examination, their MLC reports were prepared. Subsequnet to it, on dated 26.4.2011, a report in writing was also given by the complainant to said police station contending that on 23.4.2011, for bringing his grain from his village he hired the tractor of Bansilal. On the way at Bus stand Kundum, he refused to bring his grain from village, on which, on account of returning their sum of fare, some quarrel took place between him and applicant No. 1 Bansilal, in which all the applicants with intention to humiliate the complainant on account of his caste covered under the Act, abused him with filthy languages and also beaten them. When Panchamlal and Preeti Chakarwarty came to rescue him then they were also subjected to abuse and beating by them, on which, the complainant fled away and came to police station to lodge the report. At the time of lodging the earlier report due to fear of the applicants, he did not mention the name of applicants No.2 and 3 as culprits of the incident and the same was lodged only against applicant No. 1 Bansilal, while he and aforesaid two victims, were abused and beaten by all the applicants. In the' above-mentioned circumstances, on establishing the cognizable offence, the FIR was registered against the applicants as Crime No. 82/11 for the offence of sections 294, 323, 506/34 of the IPC and of section 3 (l) (x) of the Act. Said Panchamlal and Preeti were also sent to hospital for examination where their MLC reports were prepared. Caste certificate of the complainant was taken from the concerning Gram Panchayat. The applicants were arrested and also interrogatory statements of the witnesses were recorded. On completion of the investigation, the applicants were charge sheeted for the alleged offence.

3. The trial Court on evaluation of the papers of the charge sheet framed the aforesaid charge against the applicants, on which, they, have come to this Court with this revision.

4. Shri R.K. Nagar, counsel for the applicants, after taking me through the copy of the charge sheet along with the impugned order and the charges framed, argued that at the initial stage the complainant did not state anything regarding beating with Preeti Chawarkarty. Even the specific allegation showing the alleged incident took place with intention to humiliat






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