JUDGEMENT

In this criminal appeal, the appellants (hereinafter referred to as “accused”) have challenged the judgment of conviction and sentence passed on 25.4.2006 by Special Judge, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, “the Act”), Chhatarpur, in Special Case No.230/2002. By this judgment, accused no.1 was convicted for the offence of Sections 148, 323/149 (two counts), 324 and 325/149 IPC, while rest of the accused were convicted for the offence of Sections 323/149 (two counts), 324/149 and 325/149 IPC. For the offence of Section 148 IPC, accused no.1 was convicted for six months rigorous imprisonment and fine of Rs.200/- while for rest of the sections, accused persons were convicted for three months rigorous imprisonment for each count of Section 323/149 IPC, six months rigorous imprisonment and fine of Rs.200/-, for the offence of Section 324 (324/149) IPC and for the offence of Section 325/149 IPC one year rigorous imprisonment and fine of Rs.500/-, with default clause for non- payment of fine.

2. The prosecution case in brief was that on 16.9.2002, complainant Shivbalak, his wife Parvatiya, brother Jalma, daughter-i