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-in-law Phooljhadiya and nephew Kallu Kori were in the agriculture field belonging to them under a lease- deed; they were removing the thorns and were clearing the field; accused Ratanlal and Awdhesh Dwivedi arrived there and after giving them abuses, asked to stop their job; upon this, complainant party left the place and started for their home but on their way near Purwahar, Akhilesh Dwivedi, Badri, Rameshwar and Shailendra came; Akhilesh Dwivedi was carrying axe while rest of the accused were having lathi; they attacked the complainant party; in the meanwhile, Ratanlal Dwivedi and Awdhesh Dwivedi also joined them; all the members of complainant party sustained injuries on account of this assault;

accused persons insulted them by their caste name and also gave them filthy abuses and life threats; the matter was reported to the police on the same evening and injured victims were medically examined; the registered crime was investigated and the charge-sheet was filed; during the trial, prosecution examined as many as 12 witnesses and documents of Exs.P-1 to P-20 were filed on behalf of prosecution; defence examined two witnesses and documents of Exs.D-1 to D-4 were produced in evidence, however, Ex.D-1 was marked on two documents; the learned trial court under the impugned judgment held the accused persons convicted and awarded the punishment; simultaneously, the accused persons were acquitted of the offence of Section 294 IPC and 3(1)(x) of the Act; further, all the accused persons, except accused Akhilesh Dwivedi, were acquitted of the offence of Section 148 IPC.

3. State has opposed the present appeal.

4. This matter was referred for mediation but the report received therefrom reveals that the parties failed to arrive at any settlement, hence the matter was taken up for final hearing but the appellants side remained absent to submit any final arguments. Only the State was heard through its counsel.

5. To prove the prosecution story, the statements of complainant Shivbalak (P.W.1) and injured persons Parvatiya (P.W.2), Jalma alias Jalim (P.W.3), Phooljhadiya (P.W.4) and Kallu Kori (P.W.5) were recorded. Dr. H. P. Agrawal (P.W.6) observed in his report that the injury caused on middle fingure of the left hand of Jalma was grievous in nature. Lala alias Santkumar (P.W.7) and Gopal (P.W.9) were the eyewitnesses who were declared hostile by the prosecution. Naval Yadav (P.W.8) scribed the FIR. Manohar Singh Mandloi (P.W.10) and Sarbjit Chahal (P.W.11) were the Investigating Officers. Dr. R. K. Choudhary (P.W.12) had not only examined the victims of complainant side but had also examined accused Shailendra, Ratanlal Dwivedi and Awdhesh Dwivedi and prepared their MLC reports. The two witnesses examined by defence are, Bandar (D.W.1) and Santosh