CRIMINAL APPEAL 17/2003 on 22 November 2003

JUDGEMENT

The present appeal has been preferred under Section 374(2) of the Codeo f Criminal Procedure challenging the judgment of conviction and order ofsentence passed by the Special Judge, Mandla in Special Case No. 17/2003,dated 22.11.2003, whereby the learned Special Judge has convicted theappellant under Section 323 of the Indian Penal Code and Section 3(1)(x) of SCand ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo 6-6months' RI for each offence and fine of Rs. 500/- for each offence and indefault, to further undergo 1½ - 1½ months' simple imprisonment for eachoffence.

2. Learned counsel appearing on behalf of the appellant submits that thecomplainant has lodged a false report. It is submitted that prosecution has failedto prove the case beyond reasonable doubt. He prayed for acquittal of theappellant.

3. Per contra, the learned Panel Lawyer appearing on behalf of therespondent/State supported the judgment and argued that the witnesses haveduly proved the incident and involvement of the appellant in the offence andprayed that appeal be dismissed.

4. After considering the statements of the witnesses, arguments of boththe parties and after perusal of record, it appears that FIR was lodged on26.12.2002 by Ramsingh against the present appellant at Police StationBichhiya, District Mandla, registered as Crime No. 286/2002, under Sections341, 294 and 323 of Indian Penal Code and Section 3(1)(x) of the SC and ST(Prevention of Atrocities) Act, 1989 and after investigation, charge-sheet hasbeen filed. Prosecution examined five witnesses. However, defence has notexamined any witness. PW-1 Ramsingh Gond narrated the incident andinvolvement of the appellant, however, he has not stated anything in respect ofinsulting him by taking name of his caste. Similarly, PW-2 Samaru Gond andPW-3 Halku Ram Gond have not stated anything in respect of insulting thecomplainant by taking the name of his caste. All of them have stated in respectof the injuries caused to the complainant that appellant slapped the complainanton his both the cheeks and caused injury by fist also. PW-4 Dr. U.S. Kudopaexplained the injuries, however, accepted that injuries were simple in nature. Thelearned Special Judge by judgment dated 22.11.2003 convicted the appellantunder Section 323 of Indian Penal Code and Section 3(1)(x) of the Act of 1989.The conviction of the appellant under Section 3(1)(x) of the Act of 1989 cannot be sustained as no caste certificate of the complainant was proved during trialand the complainant and witnesses did not state anything in respect of insultingthe complainant by taking the name of his caste by the appellant. Resultantly,the conviction under Section 3(1)(x) of the Act of 1989 is set aside and theappellant is acquitted from the charge punishable under Section 3(1)(x) of theAct of 1989. However, conviction under Section 323 of IPC is upheld.Sufficient material is available against the appellant to prove the commission ofoffence punishable under Section 323 of IPC.

5. In view of the fact that the incident happened in the year 2002, theprosecution has not brought any past criminal antecedents of the appellant onrecord, appellant remained in jail for some period, no minimum sentence isprescribed under Section 323 of IPC, I deem it proper to reduce the jailsentence of the appellant to the extent of the period which he has alreadyundergone and accordingly, jail sentence is reduced to the period alreadyundergone. However, the amount of fine is enhanced from Rs.500/- toRs.1000/-. The appellant shall deposit the enhanced amount within a period oftwo months from today. The appellant is on bail, his personal bonds and bailbonds be discharged. Accordingly, the appeal is partly allowed.

6. Record of the trial Court be sent back along with copy of thejudgment.

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(VINAY SARAF)JUDGE