JUDGMENT :

1. This appeal under section 374(2) of Criminal Procedure Code has been preferred by the appellants against the judgment dated 7-7-1999, passed by Special Judge (Prevention of Atrocities), Narsinghpur in Special Case No. 16/1999, whereby the appellants, namely Laxman, Ajmer @ Kallu and Viran have been convicted for the offences punishable under section 325/34 of Indian Penal Code and also under section 3(1)(x) of SC and ST (Prevention of Atrocities) Act, 1989 (for brevity Act, 1989) and sentenced to undergo 1 year rigorous imprisonment with fine of Rs. 1000/- each, in default of payment of fine, further rigorous imprisonment for 3 months, each and 6 months rigorous imprisonment with fine of Rs. 500/- each, in default of payment of fine further rigorous imprisonment for 3 months each.

2. The prosecution story in brief is that, Munnalal (PW-1) is ‘Chamar’ by caste which falls under the Schedule Caste category. The appellants neither belong to Scheduled Caste nor Scheduled Tribe. On 18-9-1996, complainant- Munnalal (PW-1) was returning after taking bath from ‘Narmada’ river to his house, on the way the accused persons surrounded him at the instance of the accused-Khuman who h