JUDGEMENT

In this criminal appeal, the judgment passed by Special Judge (Atrocities), Raisen, in Special Case No.79/2004 on 7.4.2005 has been challenged whereby the appellant was convicted of the offence of Section 294 IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant was sentenced to a fine amount of Rs.300/- for the offences of Section 294 IPC and six months rigorous imprisonment and fine amount of Rs.500/- for the offence of Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. In case of default of payment of fine, additional rigorous imprisonment of 15 days and one month respectively were directed to be suffered by the appellant.

2. The prosecution case rests on the facts that on 15.8.2004 at around 8:00 a.m. the complainant was in the school premises of village Ratanpur for hoisting national flag on the occasion of Independence Day and while the programme was going on the appellant came there, gave filthy and obscene abuses to the complainant, insulted him by caste name and gave threats to him. He also threw away the sweets which were to be distributed on the