N.K. Gupta, J.

1. The appellants have preferred the present appeal being aggrieved with the judgment dated 4.10.2002 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act, Seoni in Special Case No. 17 of 2002 whereby, they have been convicted of offence under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred to as the 'Special Act') and Section 506 of I.P.C. and sentenced to six months rigorous imprisonment with fine of Rs. 100/- and three months rigorous imprisonment. Default sentence was also passed and both the sentences have to run concurrently.

2. The prosecution's story in short is that on 2.12.2001 at about 5.30 p.m. the complainant Ramlal Dhurve (PW1) who, was Secretary of Gram Panchayat, Pondi was busy in program of Pulse Polio. When he was coming back after the program then at Durga Chowk, Pondi (Police Station Kindrai, District Seoni) the appellant Basant Yadav restrained him and both the appellants abused him with words relating to his caste. The appellants have also assaulted the victim Ramlal and scuffled with him. They also gave a threat to kill him in future.

Ramlal had lodged an FIR Ex. P/1 at P