JUDGMENT :

Surya Kant, J.

These two Criminal Appeals, No. 1489 of 2012 emanating from the judgment and order dated 27th November, 2009 of the High Court of Madhya Pradesh, Gwalior Bench and No. 1488 of 2012 arising out of judgment and order dated 9th January, 2009 passed by the High Court of Karnataka, though, pertain to two different and distinct occurrences, but are proposed to be disposed of by way of a common order as the short question of law involved in both these appeals is identical.

BRIEF FACTS OF CRIMINAL APPEAL NO. 1489 OF 2012

2. The prosecution version, arising out of FIR dated 3rd November 2000, Police Station Ambah, Morena, M.P. is that on account of certain monetary dispute, the Appellants abused and assaulted Padam Singh (Complainant). Appellant No.1 is alleged to have struck the Complainant with a pharsa, which resultantly cut off the little finger of his left hand. Appellant No.2 also struck lathi blows on the body of the Complainant. Appellants were thereafter committed for trial under Sections 294, 323 and 326 read with 34 of Indian Penal Code, 1860 (hereinafter, ‘IPC’) and Section 3 of the Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act, 1989.