G.D. Saxena, J.

Being aggrieved by the judgment dated 24th August 2005 rendered in Special Sessions Case No. 4/2005 by the Special Judge (SC & ST) M.P., the appellants/accused have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973. Appellant No. 2-Omprakash Singh has challenged his conviction under Sections 323 and 324/34 of IPC and sentences to pay fines of Rs. 700/- and Rs. 1,000/-, respectively, with default rigorous punishments of one month and three months whereas appellant No. 1-Rakesh has challenged his conviction for offence under Section 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for short the SC & ST Act with rigorous punishment of six months and fine of Rs. 500/- and further sentences to pay fines of Rs. 700/- and Rs. 1,000/- for offence under Sections 323/34 and 324 of IPC together with default rigorous imprisonments of one month and three months, respectively.

2. The facts, in short, giving rise to submitting this appeal are that on 30th October, 2005, in the noon, at public hand pump in Ward No. 5 at Gohad Town, accused-appellant No. 1-Rakesh Gurjar, who did not belong to Scheduled